In today’s volatile retail environment, it is becoming increasingly common that retailers are finding themselves in financial difficulty and unable to meet their obligations to landlords and suppliers. This is often driven by decreased sales due…
To Suspect or not to Suspect? – the Good Faith Defence on Preference Claims
A recent decision of the Queensland Court of Appeal provides some insight into the operation of the good faith defence to unfair preference claims. The case is Queensland Quarry Group Pty Ltd (in liq) & Anor…
Challenging the Imposition of a Constructive Trust on Insolvent Companies
In corporate insolvencies, company creditors often try to establish that they are secured creditors to avoid proving in the liquidation along with the company’s unsecured creditors. In the normal course, this will involve the creditors (ahead…
Solid Trading Terms are Essential
The Personal Property Securities Register (“PPSR”) is an essential tool for trading parties to secure debt and shield off any potential claims from Liquidators under the voidable transaction provisions of the Corporations Act 2001 (Cth), in…
Builders Spared again by the Subcontractors’ Charges Act 1974 & PPSA Compliant Supply Agreements
The collapse of Brisbane based building company, the Cullen Group, a week short of Christmas sent shockwaves around the construction and building industry both in South East Queensland and further afield. The Cullen Group was a…