The latest in credit law
Do your terms of sale apply? Are you sure?
When it comes to written agreements in a commercial context, attention is often paid to the drafting and scope of terms. However, evidence suggests, that often, "incorporation" of …
Articles
Do your terms of sale apply? Are you sure?
When it comes to written agreements in a commercial context, attention is often paid to the drafting and scope of terms. However, evidence suggests, that often, "incorporation" of …
End to COVID-19 insolvency protections a win for creditors
On 1 January 2021, new insolvency reforms to support small business commenced and COVID-19 temporary insolvency protections came to an end.
This is good news for creditors who c…
Modern slavery reporting – are you compliant?
On 1 January 2019, the Modern Slavery Act 2018 (Cth) (Act) commenced and introduced a new statutory requirement for eligible companies to assess and report on the risks of modern s…
Case Studies
Third party payments – are they an unfair preference?
The recent Victorian Court of Appeal judgment in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 clarifies the circumstances in which a payment from a third party may const…
Court terminates director friendly DOCA on application of minority creditor
The voluntary administration regime is intended to maximise the chance of a company continuing or to provide a better return to creditors than an immediate winding up of the compan…
Ownership dispute over abandoned chattels
The Results Legal team was recently engaged to assist one of our banking clients seize and sell land subject to first registered mortgage security.
A shipping container filled w…
Commercial Disputes
Do your terms of sale apply? Are you sure?
When it comes to written agreements in a commercial context, attention is often paid to the drafting and scope of terms. However, evidence suggests, that often, "incorporation" of …
Mining dispute successfully resolved
Our client, a large heavy equipment supplier, sold several used items of mining equipment for use at a mine site which required commissioning. A separate contract was also entere…
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…
COVID-19
End to COVID-19 insolvency protections a win for creditors
On 1 January 2021, new insolvency reforms to support small business commenced and COVID-19 temporary insolvency protections came to an end.
This is good news for creditors who c…
Extension of Temporary Relief for Financially Distressed Businesses
After much speculation, Treasury has announced that the temporary protections for financially distressed businesses will be extended beyond the initial six month period to 31 Decem…
Commercial rent relief for SME tenants
Rent reductions for a period of six months are available to small to medium sized businesses.
Qualifying tenants will have an annual turnover below $50 million (excluding any gr…
Factsheets
Seven Vital Questions to ask to Minimise COVID-19 Business Risk
Thanks to COVID-19, we are trading in an economy with an unprecedented level of risk.
In this period there are seven vital questions every business providing credit should be as…
Coronavirus – legal myths busted
A range of new measures impacting the rights of creditors have recently been introduced by the Federal Government.
In this period of rapid change and information overload, a num…
Electronic Transactions
Electronic transactions are now an every day part of business life.
The benefits to business of embracing electronic transactions such as online credit applications and the ele…
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…
Legal Recovery
‘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 …
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…
Receivership/Administration/Liquidation. What’s the difference and how does it affect creditors?
The appointment of an insolvency practitioner to a debtor usually strikes fear into the hearts of creditors, as it is considered to mark the death of the company with zero return o…
PPSA
‘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 …
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…
Retention of title – weaknesses and reforms
Will your safety net catch you or tear apart when tested?
While an effective RoT clause can be your saving grace if you are unfortunate enough to deal with defaulting and/or ins…
Preference Defences
‘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 …
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…
Court permits a set-off against a liquidator’s unfair preference claim for unpaid debt
In a significant win for creditors, the District Court of Queensland recently applied a set off for unpaid debts owed to a creditor against a liquidator’s claim to recover sums a…
Presentation recordings
Illegal Phoenix Activity
Illegal phoenix activity has become an increasingly common problem for trade creditors. Well advised directors are regularly walking away from company liabilities, only to r…
Electronic Transactions – Personal Liability in the Digital Age
Electronic transactions are now an everyday part of business life.
The benefits to business of embracing electronic transactions such as online credit applications and the e…
Avoiding and resolving disputed claims.
Disputed claims are time consuming and costly to business.
Unless resolved, disputed claims also undermine the effectiveness of trade credit insurance cover.
The presenta…
Secured Recovery
Ownership dispute over abandoned chattels
The Results Legal team was recently engaged to assist one of our banking clients seize and sell land subject to first registered mortgage security.
A shipping container filled w…
Removal of squatter from property seized from deceased estate
Secured recovery actions can often involve complex and contentious situations which require attention a focus on risk management.
This was evidenced in one particular matter whe…
Slideshows
Insolvency Law Reform – AICM National Conference 2017
If you would like to view the slideshow from Karl Hill's Insolvency Law Reform presentation at the AICM National Conference 2017 please click here.
A video copy of the presen…