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…

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…

The Australian Government has announced responsible lending reforms which aim to reduce the time and cost associated with accessing credit for both consumers and businesses. These …

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…

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…

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…

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…

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…

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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…

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…

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…

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…

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 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…

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 …

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 …

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…

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 …

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…

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…

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 …

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…

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…

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 …

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…

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…

 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 are now an everyday part of business life. The benefits to business of embracing electronic transactions such as online credit applications and the e…

Disputed claims are time consuming and costly to business. Unless resolved, disputed claims also undermine the effectiveness of trade credit insurance cover. The presenta…

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…

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…

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…