Insolvency & Bankruptcy I Baker Love Lawyers Newcastle

October 28, 2020
By Liam Tobin
Commercial & Business Law, Insolvency & Bankruptcy
No Comments

Upcoming Changes to Debt and Liquidation Processes for Small Business.

The Federal Government recently announced its intention to overhaul Australia’s insolvency laws in relation to small businesses. The intention is to reduce time and cost and better serve businesses, creditors and employees to survive in difficult times, but what is expected to be implemented and what should businesses or creditors do to prepare? As […]

New laws associated with Ipso Facto clauses

If the other party to my contract appoints an administrator, I can get out of that contract, right? Wrong. Most commercial contracts have a termination clause which says something like “if one party appoints an administrator or otherwise experiences an event of insolvency, the other party can elect to terminate the contract”. These types of […]

August 8, 2017
By Terry Morgan
Commercial & Business Law, Commercial & Retailing Leasing, Insolvency & Bankruptcy
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Deeds of Company Arrangement and Leases

A recent case in the Supreme Court of New South Wales highlights care that administrators and lessors of properties need to take when considering the terms of any Deed of Company Arrangement. In the case in question, a company was in voluntary administration. A Deed of Company Arrangement was entered into and the terms of […]

Insolvency legislation reforms

Draft legislation has recently been released for public consultation, as a result of the recent review conducted as part of the National Innovation and Science Agenda introduced by the Federal Government. The changes attempt to reduce the stigma associated with corporate failure in Australia, and to encourage company directors to address any financial hardship at […]

Don’t let bankruptcy frustrate your family law proceedings

It is not uncommon for bankruptcy and insolvency issues to go hand in-hand with the breakdown of a relationship. In matters where a party in family law proceedings is at risk of becoming insolvent, the timing of any arrangements, including a Personal Insolvency Agreement, is crucial writes Jillian Stibbard. Recently, a husband was ordered to […]

Applying for freezing orders

Where there is a real danger that the other party in a dispute may dispose of assets to defeat a claim, you can apply to the court for freezing orders.

March 12, 2014
By Terry Morgan
Commercial & Business Law, Insolvency & Bankruptcy
No Comments

Consider a Debt Agreement before you resort to bankruptcy

There are circumstances where a person is able to propose a Debt Agreement, which is a relatively low cost alternative to bankruptcy, according to insolvency and bankruptcy partner TERRY MORGAN.

March 3, 2014
By Dean Frith
Commercial & Business Law, Commercial & Retailing Leasing, Insolvency & Bankruptcy
No Comments

Leases at risk when landlords go into liquidation

The High Court of Australia recently handed down a decision that confirms that when a landlord goes into liquidation, the liquidator may be able to disclaim a Lease granted by the landlord.

Bruce Hurrell, Baker Love Lawyers partner

January 16, 2014
By editor
Commercial & Business Law, Criminal & Traffic Law, Employment Law, Family Law, Insolvency & Bankruptcy, Litigation & Dispute Resolution, Wills & Estates
No Comments

How to Witness Affidavits and Statutory Declarations

The new Oaths Regulation 2011 came into force on 30 April 2012, and its introduction has some important consequences for swearing or affirming affidavits and statutory declarations.

January 15, 2014
By editor
Commercial & Business Law, Debt Recovery, Insolvency & Bankruptcy, Litigation & Dispute Resolution
No Comments

You’ve been served! 5 simple steps you can take to protect you and your client

Are you an accountant or professional advisor and have been served with a Statement of Claim or Creditor’s Statutory Demand on behalf of a client company? What do you do when your office is served?

Insolvency & Bankruptcy

Upcoming Changes to Debt and Liquidation Processes for Small Business.

New laws associated with Ipso Facto clauses

Deeds of Company Arrangement and Leases

Insolvency legislation reforms

Don’t let bankruptcy frustrate your family law proceedings

Applying for freezing orders

Consider a Debt Agreement before you resort to bankruptcy

Leases at risk when landlords go into liquidation

How to Witness Affidavits and Statutory Declarations

You’ve been served! 5 simple steps you can take to protect you and your client

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