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Small businesses now have a cost-effective option to compromise debts and continue trading
Small Business Restructuring (SBR) was introduced in January 2021 to allow a company to restructure its debts while remaining under the control of its directors. While the initial uptake was slow, the SBR has become more widely used and proven to be a cost effective solution for companies.
The ‘Value to Owner’ standard of value in matrimonial disputes
A recent case in the Federal Circuit and Family Court of Australia provides further guidance to forensic accountants and family lawyers on the ‘Value to Owner’ standard of value.
Assessing Value in Phoenix Transactions
This first case decided under new creditor-defeating disposition legislation, Intellicomms & Ors v Tecnologie Fluenti, provides guidance on how Courts may assess the value of businesses and assets transferred in illegal phoenix activity.
Payroll Compliance Review
With the complexity of Australia’s employment laws, a Payroll Compliance Review can ensure wages and other entitlements have been calculated correctly.  
Assessing Loss of Chance
This case, About Life Pty Ltd & Ors v Maddocks Lawyers, sets out important principles for assessing loss of chance in circumstances where causation between alleged professional negligence and corporate failure can be established.
Unlock ‘trapped franking credits’ with a solvent liquidation
Do you have a client at risk of missing out on valuable franking credits in their company?
South Australia - open for business... soon
While the Federal and State governments have introduced support packages and law changes to assist the economy, the easing of restrictions means monitoring cashflow is more important than ever
Addressing an important issue
A recent case confirms the importance of keeping a company’s registered address updated
Liquidation and SA's new Labour Hire Licencing Laws
Directors and advisers need to be across SA's new labour hire laws, particularly with the impact that liquidation may have on operators
Protection for employee entitlements
Many proprietors are unaware of the safety net scheme established by the Federal Government to protect employee entitlements in the event of liquidation.
Assessing Loss of Earnings Capacity
Important principles for assessing loss of earnings capacity in personal injury matters.
SGC changes to DPN regime
The three month window to avoid personal liability for SGC debts has now been removed.
Deposits, Gift Cards and Lay-bys
Where do you stand when a liquidator is appointed?
Safe Harbour
Providing directors ‘safe harbour’ from insolvent trading.
ATO tightening the net on unpaid superannuation
Australian employees are missing more than $17b in superannuation entitlements since 2009, according to the ATO’s first superannuation guarantee audit.
PPS Leases: 50 million reasons to register
The voluntary administration of Arrium Limited is a timely reminder to reconsider the protection available under the PPSA.
Insolvency Update
The ability to prevent a winding up order, once the ATO has commenced proceedings, has been further hindered by the recent Federal Court decision in DCoT v Swoosh Hand Car Wash Pty Ltd [2014] FCA 73.
Ignoring PPSA costs earthmover $1.4m
Case Study - White v Spiers Earthworks Pty Ltd [2014] WASC 139.
PPSA: Transition Period Expires
The failure to register a transitional security agreement could result in a secured party losing their rights to another registered secured party or an insolvency practitioner.
ATO expands personal liability for directors
Changes to the Director Penalty regime came into effect on 30 June 2012 to reduce the scope for fraudulent phoenix activity or to escape liabilities and payments of employee entitlements.
Liability limited by a scheme approved under Professional Standards Legislation
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