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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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    Is an employer liable for the crimes of their employee?

    By Andrea Harrold on Jun 17, 2019 11:42:59 AM

    The actions of employees regularly get employers into trouble. Whether it’s a disgruntled employee as they leave their workplace or a trainee starting out, there can be many issues that need to be accounted for by the employer. But what about criminal activity?

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    How to Negotiate Debt

    By Matthew Sibley on Jun 5, 2019 11:36:21 AM

    All of us have been in a situation at one point or another where we owe someone money. Whether it’s paying someone back for dinner or obtaining a loan from a multinational financial institution, the burden of debt can be crippling for individuals and businesses alike.

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    A solvent company: An Examination of the Statutory Definition

    By James Frank on Apr 30, 2019 12:40:02 PM

    Section 95A(1) of the Corporations Act 2001 (Cth) defines a ‘person’ (which includes a company) as being “solvent if and only if, the person is able to pay all the person's debts, as and when they may become due and payable.” Insolvent is defined in s95A(2) as being unable to pay all of its debts as and when they become payable. This definition clearly places the test on a cash flow test rather than a balance sheet test.

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    How To Hire Overseas Employees

    By Philip van den Heever on Mar 26, 2019 12:18:27 PM

    Australian businesses are increasingly engaging workers overseas attempting to overcome skill shortages or simply lowering labour costs. Opening offices overseas or establishing overseas joint ventures usually involves Australian companies sending Australian management overseas and then, along with hiring local workers, establishing overseas branches to assist in their Australian operations. But advances in technology are progressively making it unnecessary for Australian businesses to relocate employees overseas, they can simply ‘hire and fire’ overseas workers from the comfort of their Sydney-based HQ offices.

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    How to Restructure your Business: Part One

    By James Frank on Mar 26, 2019 11:33:18 AM

    The insolvency process in Australia can be broken down into two stages.

    1. Restructuring: when there is a possibility that the company can turnaround or be salvaged
    2. Winding Up: when the company is irretrievably insolvent and has no real possibility of a turnaround or resurrection
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