Bankruptcy: Determining which debts survive or can be recovered from a bankrupt
If you have been declared bankrupt, or are looking to recover debt from an individual or company that has been declared bankrupt, you may be wondering what happens to debts following a declaration of bankruptcy.
This article sets out what debts are and are not recoverable from a bankrupt person, including specific debts which survive bankruptcy and remain recoverable by creditors even after the bankruptcy ends.
Proving Insolvency: Re Clarinda Pty Ltd (in liq)
In Re Clarinda (liq) [2023] VSC 109, parties sought the leave of the Court to use documents produced in an earlier proceeding to demonstrate the insolvency of the company. Justice Connock ultimately allowed the documents to be reproduced on the basis that the issues in dispute are the same, or substantially the same, and set out the special circumstances which substantiate this reproduction.
Government Response to December 2023 Franchising Independent Review
ACCC Enforcement and Compliance Priorities for 2024-25: What this means for franchises
Recovering assets for and from a bankrupt’s estate and trusts: Recent case update
Is legal ‘goodwill’ different to accounting ‘goodwill’ and if so, why does it matter?
Disputed Debts with the ATO – teamwork makes the dream work?
AWE v Clough: The continuing clarification of what constitutes a personal property security interest and the requirements for rectification of out of time registrations
Who gets it? Priorities under the PPSA: The case of Resilient v Spitfire Corp Ltd (in liq)1
Security for costs does not create a PPSA security interest: Laurus Group v Mitsui
The Victorian Supreme Court has confirmed that payment of funds into Court as security for costs will not give rise to a security interest required to be registered on the PPSR, even if the payment was made pursuant to consent orders. This means that section 267 of the PPSA will not assist external administrators to recover funds paid into Court as security for costs under a Court order.
Sladen Snippet - The Krongold appeal – VCAT’s jurisdiction to hear matters involving federal legislation remains restricted
On 17 August 2023, the Court of Appeal in the Victoria Supreme Court handed down its decision in Krongold v Thurin [2023] VSCA 191. This decision is a further instalment in a long running domestic building dispute between homeowners, David and Lisa Thurin (Thurin) and their builder, Krongold Constructions (Aust) Pty Ltd (Krongold).