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    Dodgy Directors No More!

    By James Frank on Jun 29, 2020 12:30:23 PM

    On 22 June 2020 the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 received Royal Assent.

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    New Legislation: Combating Illegal Phoenixing

    By James Frank on Mar 19, 2020 5:08:00 PM

    On 17 February 2020 the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 received royal ascent.

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    Who can dispute a Will?

    By James Frank on Feb 21, 2020 11:00:57 AM

    The Succession Act 2006 (NSW) is the piece if legislation that deals fundamentally with the affairs of an individual surrounding the act of succession, that is passing of property to another.

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    Trustees' right of indemnity to an insolvent corporate trustee

    By James Frank on Nov 14, 2019 8:00:00 PM

    There has been much debate as to how the trustees' right of indemnity would apply to an insolvent corporate trustee.

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    What is a Receiver?

    By James Frank on Nov 14, 2019 5:24:23 PM

    It is commonplace for a company to borrow funds to advance their business. This can take the form of commercial loan facility or specific equipment finance. In most if not all cases the loan facility is secured either by a security interest over the whole business, or the company, or against the equipment itself.

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    Protecting your assets in bankruptcy

    By James Frank on Sep 25, 2019 11:21:59 AM

    One of the most seminal decisions in bankruptcy law is the High Court decision of The Trustee of the Property of John Daniel Cummins, A Banklrupt v Cummins (2006) [2006] HCA 6. 

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    Are you playing by the new rules?

    By James Frank on Aug 20, 2019 9:14:47 AM

    James Frank recently spoke at a Sydney Hills Business lunch on how the Internet has changed the business game. The following article is a summary of what he spoke about.

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    5 Myths About Voluntary Administration

    By James Frank on Jul 31, 2019 10:48:54 AM

    Whenever we speak to clients about why their business is struggling and explore restructuring options we continually hear common myths about the Voluntary Administration (VA) process. We have detailed the 5 key myths below:

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    The 4 Step Process of Voluntary Administration

    By James Frank on Jul 20, 2019 4:18:34 PM

    Voluntary Administration is a formal restructuring process contained within Part 5.3A of the Corporations Act. It has more recently become a strategic tool used by directors to protect themselves from insolvent trading breaches but also to ‘reset the business’ in times of shock.

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    Why the Safe Harbour Regime is More Useful Now Than Ever

    By James Frank on Jul 11, 2019 10:58:14 AM

    On 19 September 2017 the safe harbour laws commenced which enabled directors to turn around struggling companies without exposing themselves to personal liability under Australia’s insolvent trading laws.

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