Insolvency

‘GOOD FAITH’ DEFENCE — a recent decision tests the effectiveness of the defence

Author – Nicholas Boyce A recent test of the 'good faith' defence in resisting a preference claim highlights the effectiveness of having your recovery processes in order and …

Minority creditor terminates director friendly voluntary administration

After pursuing a long and hard fought Supreme Court claim, our client obtained judgment for an amount of $1.64 million.  Shortly thereafter, the defendant company was placed into …

Asset realisation in complex insolvency estate

In 2014, Results Legal was instructed by the trustee in Bankruptcy of former horse racing and breeding magnate, Lee James Fleming, who had previously run a horse stud in southern V…

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Hirers and lessors beware

KEEP UP OR RISK YOUR GOODS AND SECURITIES SLIPPING THROUGH YOUR HANDS. While your contracts may be watertight in today's legal environment, unless you make changes before the Pers…

Personal guarantees gone wrong

A well executed personal guarantee can be the holy grail of debt recovery tools, but one overlooked detail can bring the whole thing to its knees. It is surprising the number of…