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    Christmas joy spread for Liquidators and Insolvency Lawyers!

    By James Frank on Dec 21, 2021 10:01:54 AM

    The Full Court of the Federal Court - Allsop CJ, Middleton and Derrington JJ have given Liquidators and Insolvency Lawyers an early Christmas present in finding that a a statutory set-off under s553C(1) of the Corporations Act 2001 is NOT an available defence against a liquidators claim for the recovery of a preference under s588FA of the Act. 

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    Turnaround & Restructuring

    By James Frank on Oct 19, 2021 10:14:21 AM

    Lots of good things have happened on Mondays. 

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    The Problem with Oral Contracts

    By James Frank on May 21, 2021 10:03:57 AM

    Oral contracts exist everywhere. When you order a coffee or lunch, when you borrow your neighbour’s tools or when you agree to pay your friend back for that ticket to the NRL. Oral contracts are great for social settings however they are not suitable for business transactions.

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    Extension to Insolvency Relief Measures

    By James Frank on Sep 29, 2020 4:53:35 PM

    On 7th September 2020 the Federal Government announced that they would be extending the Insolvency Relief measures that were legislated in March 2020 due to the Covid-19 pandemic.

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    Managing Div7a Issues: how to not owe your own business money

    By James Frank on Aug 25, 2020 12:43:00 PM

    This is the second article in our 4-part series on 'Preparing for the Precipice: a post JobKeeper economy.'

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    Preparing for the Precipice: changes to JobKeeper

    By James Frank on Jul 24, 2020 12:19:47 PM

    As you are aware the JobKeeper Payment in its current form will cease on 27th September 2020. However, on 21st July the Government advised that JobKeeper will be extended in a modified way with the end point now being 28th March 2021.

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    What is the biggest risk to a business? People

    By James Frank on Jul 22, 2020 2:11:24 PM

    How important are your employees?

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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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