Receiving any type of judgment by the Court in your favour in a debt recovery matter is a significant milestone—but unfortunately, it doesn’t always mean immediate payment from a debtor. Fortunately, under the Uniform Civil Procedure…
You Can’t Just Assert That – Requirements for a Supporting Affidavit to Set Aside a Statutory Demand
A recent case from the Court of Appeal in Victoria[1] provides a useful summary of the relevant principles when seeking to set aside a statutory demand. Background On 12 March 2024, Watagan Park Pty Ltd (“Watagan…
Application of Section 228 of the Property Law Act 1974 to Insolvency Matters
Section 228 of the Property Law Act 1974 (Qld) (“PLA”) provides a powerful mechanism for insolvency practitioners (and others) to recovery and secure property improperly transferred where there is an intention of defeating creditors. This article…
Received an ASIC Notice? Know Your Rights!
ASIC’s power to conduct compulsory oral examinations is enlivened when ASIC, on reasonable grounds, believes that a person can give information that is relevant to a matter under formal investigation. The Australian Securities and Investments Commission…
Recent Changes to the Running Account Defence to an Unfair Preference Claim
The recent High Court decision in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (“Bryant”) has abolished the ‘Peak Indebtedness Rule’ and significantly altered the application of the ‘Running Account’ Defence to unfair preference…