The latest in credit law
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…
Articles
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…
‘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 …
IS IT REALLY A PERSONAL GUARANTEE? – Another personal guarantee gone wrong
Author - Nicholas Boyce
Creditors are often faced with disputes by guarantors over the validity and enforceability of a guarantee following a failure by the principal to pay a d…
Case Studies
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…
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 …
Commercial Disputes
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…
Expanded rights for retention of title creditors
Download PDF…
COVID-19
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…
Litigation Funding – a Tool for Creditors?
Litigation funding is a little used tool that can yield big benefits for unsecured creditors.
If employed strategically by creditors, litigation funding can enable the creditor …
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…
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…