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, or has since become extortionate. This determination is made considering the following: The risk to which …
Voidable Transactions Law
Unreasonable Director-Related Transactions and How to Defeat Them
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 of securities, and/or the incurring of an obligation; and …
Unreasonable Director-Related Transactions and How to Defeat ThemRead More
What are Insolvent Transactions?
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. The elements of insolvent transactions are: There must be a transaction of a …
Uncommercial Transactions Claims and how to Defeat Them
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 (CTH) (“the Corporations Act”). A transaction of a company is an uncommercial …
Uncommercial Transactions Claims and how to Defeat ThemRead More
Unfair Preference Claims and how to Defeat Them
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 (CTH) (“the Corporations Act”). An unfair preference occurs when: There is a …
Enforcement Warrant for Redirection of Debts
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 debts is a way of enforcing a judgment, enforcing a registered …
