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Builders, Bankruptcy, and Informal Arrangements

A licensee may not be able to utilise the shelter of the Bankruptcy Act 1966 to restructure their affairs or have a new beginning in the way that others might. The reason for this is that the state government imposes heavy burdens on builders who suffer an insolvency...

Proper Cross-examination

In R v Scott (1856) Dears & Bell 47; 169 ER 909 the Court of Criminal Appeal resolved what might be seen from the earlier cases to be a vacillation in judicial approach. In that case, Scott, a bankrupt, was tried and convicted of mutilating one of his trade books....

Company in trouble- Need a Safe Harbour?

The Federal government has introduced a new set of laws to prevent directors from being prosecuted for insolvent trading so long as the ‘safe harbour’ provisions of the Corporations Act 2001 (Cth) are complied with. Here is a link to the sections starting...

Liquidate or Deregister?

Deregistering an inactive or dormant company is a relatively simple and inexpensive exercise. Before deregistering a company it is very important to take the time to consider whether the company truly qualifies for deregistration. The ASIC form requires you to make...