by Merle Willis | 25 Aug 2021 | General
The concept of winding up a company when it is insolvent is well-documented and well understood by most companies and directors in Australia, however there are other routes that companies should be aware of where a liquidation may not be appropriate. Most notably, the...
by Merle Willis | 25 Aug 2021 | General
Earlier this year the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (‘the Act’) came into effect aimed at thwarting directors from engaging in illegal phoenixing activity through amendment of the Corporations Act 2001. Here is what you need to know...
by Merle Willis | 27 May 2019 | General
Australia’s insolvency laws have long discouraged responsible restructuring by company directors. When balancing the potentially significant personal liability in breaching the director’s duty to prevent insolvent trading against the company’s risks in trading its way...
by Merle Willis | 27 May 2019 | General
In making 76 separate recommendations in its final report, the Banking Royal Commission took aim at many players in the Australian financial system. Justice Hayne reserved stinging criticism for the Australian Securities and Investments Commission (ASIC) over its...