What are Unfair Loans in Company Insolvency?
Unfair loans are only unfair if the interest on the loan, or charges in relation to the loan, were extortionate when the loan was made,
Unfair loans are only unfair if the interest on the loan, or charges in relation to the loan, were extortionate when the loan was made,
Unreasonable director-related transactions occur when: There is a transaction of a company; and The transaction is a payment, conveyance, transfer, disposition of property, the issue
When is a company insolvent? A company is insolvent if it is unable to pay its debts as and when they become due and payable.
Insolvent transactions are one of the elements the liquidator will need to prove if there is an unfair preference claim or an uncommercial transaction claim.
Uncommercial transactions claims are one of the types of voidable transactions in company insolvency and are outlined at section 588FB of the Corporations Act 2001
Unfair preference claims are one of the types of voidable transactions in company insolvency and is outlined at section 588FA of the Corporations Act 2001
A subcontractors’ charge under the old Subcontractors’ Charges Act 1974 (Qld) has been repealed and replaced with Building Industry Fairness (Security of Payment) Act 2017
A payment claim process using the old BCIPA – Building & Construction Industry Payments Act 2004 (Qld) has been repealed and replaced with Building Industry Fairness
An enforcement warrant for redirection of debts is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). An enforcement warrant for redirection of
Unpaid rent arrears in residential property can have a serious impact on landlords’ cash flow. The popular misconception is that landlords are all wealthy property
An enforcement hearing and statement of financial position are ways that provide the judgment creditor with the required information to request an enforcement warrant pursuant
A warrant for redirection of earnings is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). An enforcement warrant for redirection
A warrant for seizure and sale of property is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). A warrant for
Are you a body corporate with outstanding body corporate levies from a lot owner looking for body corporate debt recovery? A lot owner in a
Have you ever wondered how long can a debt be chased in Australia? In most states (except NT) the limitation period for most debts is
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