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Article Archive

Newsletter Title
222ALA Agreement not specific enough June 2007
A Bankrupt is not locked into living in Australia February 2012
A Complicated Affair April 2010
A Good Deed? July 2010
A new take on skimming February 2011
A Tale of Three Properties January 2012
A warning about digital copiers August 2010
Advance Fee Frauds December 2010
Advertising in Bankruptcy September 2010
Advisors - Aiding & Abetting and Getting Paid - Part 1 January 2007
Advisors - Aiding & Abetting and Getting Paid - Part 2 February 2008
Advisors - Aiding & Abetting and Getting Paid - Part 3 March 2008
After Acquired Property - An Update November 2009
After-Acquired Property October 2009
Alternate Dispute Resolution (ADR) May 2010
Am I liable for the company Tax? May 2011
An Update on the right to Set Off claims November 2008
Annulments and Interest June 2008
Annulments through joint estates November 2010
Another day in the life .. September 2009
Another Storm on the horizon? February 2011
Anti-deprivation or modern legislation? February 2012
Application of Funds on Failure of a Deed of Company Arrangement June 2007
ARC on Costs Orders and Surpluses? July 2007
Around Worrells - May 2012 April 2012
Asset Financing and Insolvency - Part One April 2009
Asset Financing and Insolvency – Part Three June 2009
Asset Financing and Insolvency – Part Two May 2009
Asset Protection Checklist January 2009
Asset Protection Structures Exposed Under PPS Act January 2012
ATO and 260-5 Notices August 2008
ATO creditor claims in annulments October 2009
ATO Garnishee Notices June 2011
Bankrupt Loses Protection April 2012
Bankruptcies Up - Part X's Down March 2007
Bankruptcy proceedings and the Family Law Act July 2009
Bankruptcy, Dead or Alive January 2012
Bankruptcy, Self Managed Superannuation Funds and the Loss of Control September 2009
Billing Schemes September 2010
Businesses need a sensible debt collection policy March 2011
Casting Votes under Scrutiny May 2008
Caveatable interests February 2010
Changes from the Budget June 2011
Claims - The other side of the fence April 2012
Commissioner entitled to be indemnified for costs of liquidator February 2009
Common Threads - Part 1 June 2010
Common Threads - Part 2 - No one in charge July 2010
Common Threads - Part 3 - A failure to innovate August 2010
Common Threads - Part 4 - The ‘Bowerbird’ Manager September 2010
Common Threads - Part 5 - Over and Under Specialisation October 2010
Companies acting as trustees of trading trusts November 2009
Compound Accounts - Re:Worrells (2010) FCA October 2010
Compromising debts and Voting at Meetings February 2010
Considering Actions in Non-Funded Estates October 2008
Consumer Debtors and Part X June 2011
Continuing Business Relationships April 2009
Contributions from a Bankrupt's Income - Part 1 June 2007
Contributions from a Bankrupt's Income - Part 2 July 2007
Contributions from a Bankrupt's Income - Part 3 January 2012
Corporate Insolvency Law Reform - Employee Entitlements March 2007
Corruption Schemes October 2010
Costs Orders and Provable Debts September 2008
Court bans liquidator for life September 2009
Creditors taking action for insolvent trading November 2010
Criminal Insolvent Trading February 2011
De Facto Relationships & Bankruptcy September 2007
Dealing with Real Property after Discharge January 2012
Deed Administrator’s consent must be obtained for any Variation in a Deed of Company Arrangement June 2011
Deemed Insolvency March 2011
Defenses against Insolvent Trading Rejected July 2008
Director Convicted of Insolvent Trading January 2012
Director penalty liability: ATO Decision Impact Statement September 2007
Director Penalty Notice – you have just been served and don’t even know it! January 2012
Director Penalty Notices - Changes on the way April 2010
Director Penalty Notices Revisited October 2010
Directors on Notice May 2012
Director's Penalty Notice Legislation - Withdrawn! January 2012
Director's Responsibilities Ignored December 2008
Division 7A and forgiven debts – a practical perspective September 2010
Don’t Sign Anything Until … June 2010
DPN's - When does the 14 days start? May 2008
Draft Bill to combat phoenix activity released January 2012
Draft Bill to stimulate the ability of former employees to claim entitlements January 2012
Duty to prevent insolvent trading: Guide for Directors September 2010
Eligible Applicants for Public Examinations June 2008
Employee Entitlements: Priority or Not? April 2007
Employers, Employees and Workcover March 2009
Extension of time applications July 2011
Failed Investment Schemes - The Blame Game - Part 1 September 2007
Failed Investment Schemes - The Blame Game - Part 2 October 2007
Failed Investment Schemes - The Blame Game - Part 3 November 2007
Failed Investment Schemes - The Blame Game - Part 4 December 2007
Formal or Informal Arrangements? February 2008
Four Lessons - Four: Whose job is that? - Maintaining proper business controls September 2009
Four Lessons - One: Collect Your Money June 2009
Four Lessons - Three: Indigestion kills as fast as Starvation August 2009
Four Lessons - Two: Build it, and they may not necessarily come! July 2009
General Employee Entitlements Redundancy Scheme Revisited May 2010
Get a degree fast March 2011
Getting Out of Bankruptcy Early February 2011
Going to the Third Umpire - Part 1 July 2008
Going to the Third Umpire - Part 2 August 2008
Going to the Third Umpire - Part 3 September 2008
Government’s Stimulus Package: Income or after-acquired property? May 2009
Guarantees March 2011
Hiding Frauds by Lapping May 2010
Holding Company liable for subsidiaries insolvent trading July 2010
I am a co-owner. Can they sell my house? June 2009
I am From the Government and I am Here to Help You January 2012
I.T.S.A.’s Share in Bankrupt Estates January 2012
Ignoring the ATO July 2010
Income and After Acquired Property August 2009
Income Assessments in Bankrupt Estates December 2010
Indicators of Deception February 2012
Indicators of Solvency - Part 1 - Introduction April 2008
Indicators of Solvency - Part 2 - Financial Statement Indicators May 2008
Indicators of Solvency - Part 3 - Cash Flow Indicators June 2008
Indicators of Solvency - Part 4 - Creditor Relationship Indicators July 2008
Insolvency Law Reform - Insolvent Trading March 2010
Insolvency Reform - Employee Entitlements February 2008
Insolvency Reforms - Voluntary Administrations December 2007
Insolvents Super can be at Risk. January 2012
Internal controls and the Safety of Money April 2012
International assets realised by Trustee in Bankruptcy April 2012
Inventory Fraud May 2011
Is It Worth It? January 2012
Is there anything worse than bankruptcy? June 2010
It’s a matter of Trust April 2011
It's a question of value! June 2007
Joint or Several Estates? December 2008
Landlord and Practitioner Rights August 2010
Late consideration may not be effective August 2007
Leasing Frauds Revisited November 2010
Legislation Highlighted - 443B Payments for property used March 2007
Legislation Highlighted - 588FA(2) - Secured Creditors and Preferences November 2007
Legislation Highlighted - 588FDA - Unreasonable Director Related Transactions December 2007
Legislation Highlighted - Committees Part 1 - Introduction July 2008
Legislation Highlighted - Committees Part 2 - Deeds of Company Arrangement May 2008
Legislation Highlighted - Committees Part 3 - Liquidations June 2008
Legislation Highlighted - Committees Part 4 - Personal Insolvency July 2008
Legislation Highlighted - Definition of Director October 2007
Legislation Highlighted - Regulation 6.21 Minimum Amount of Dividend June 2007
Legislation Highlighted - Section 109 BA - Priority Payments October 2008
Legislation Highlighted - Section 116(2) - The exemption of Motor Vehicles May 2009
Legislation Highlighted - Section 128B BA - Void Transfers to Superannuation Funds November 2008
Legislation Highlighted - Section 141 Joint and Separate Dividends April 2007
Legislation Highlighted - Section 153(2)(c) - Release of Child Support Debts February 2009
Legislation Highlighted - Section 18 Bills of Sale and Other Instruments Act February 2007
Legislation Highlighted - Section 29 - Courts to help each other March 2009
Legislation Highlighted - Section 553C Corporations Act - Set-Offs February 2010
Legislation Highlighted - Section 588FGA - Director's Liability February 2008
Legislation Highlighted - Section 588FH - Related Party Preferences August 2007
Legislation Highlighted - Section 59 Subsequent Bankruptcies May 2007
Legislation Highlighted - Section 596AC - Person to compensate for loss March 2008
Legislation Highlighted - Sections 600A - Resolutions and Related Parties August 2008
Legislation Highlighted - Sections 600B and 600C - Resolutions and Casting Votes September 2008
Liquidated Company in Hot Water over Energy Certificates February 2012
Liquidator’s requirement to lodge Tax Returns September 2009
Liquidators Accounts are Not Audited January 2012
Living in a fool’s paradise January 2012
Marriages & Bankruptcy August 2009
Members Voluntary Liquidations – A little used art? April 2011
Mortgagee's Rights Upheld March 2008
Never "Never say Never" July 2011
Not-So-Obvious Indicators of Insolvency March 2010
Outstanding Income Tax Returns Won’t Delay Dividend January 2012
Part X's - The Owner's Manual April 2007
Past Consideration is generally not Good Consideration December 2008
Persistency and Patience pays Dividends June 2009
Personal Injury Claims and Bankruptcy January 2012
Personal Insolvency - Multiple Estates for an Individual at One Time July 2007
Phoenix Companies Vs Sales of Businesses September 2008
Plant & Equipment or Fixtures & Fittings? September 2008
PM Developments and the proposed amendments March 2009
Practical Problems Collecting Debts January 2012
Practical signs your business is in trouble - Part 1 April 2010
Practical signs your business is in trouble - Part 2 May 2010
Preserving the Status Quo July 2007
Proof of Debts – Part One January 2012
Proof of Debts – Part Three January 2012
Proof of Debts – Part Two January 2012
Property Investment Shortfalls January 2012
Proposed Amendments to the Bankruptcy Act - Period of Bankruptcy July 2009
Public Examinations - Part 1 March 2007
Public Examinations - Part 2 April 2007
Public Examinations - Part 3 May 2007
Purchase Money Security November 2009
Quorums and Quorums December 2010
Receivers, Liquidators and Employee Entitlements June 2011
Registered Securities and Employee Entitlements June 2007
Rejecting Proofs of Debt October 2007
Release of Draft Legislation - GST and PM Developments August 2009
Relief from Insolvent Trading Liability July 2010
Repayment Arrangements Revisited November 2010
Retentions of Title - Part One October 2008
Retentions of Title - Part Two November 2008
Revesting of Property - Now Active May 2009
Risk Management Guide – Part 1 August 2009
Risk Management Guide – Part 2 September 2009
Risk Management Guide – Part 3 October 2009
Risk Management Guide – Part 4 November 2009
Risk Management Guide – Part 5 December 2009
Section 50 Bankruptcy Act - Control before Sequestration May 2010
Section 73 Annulments and Releases from Debts January 2012
Secured Creditors voting in a Liquidation September 2008
Securing Your Investment April 2011
Set-Offs: When are they available? January 2012
Sex in Fraud August 2010
Solicitor ‘involved’ in Phoenix Activity October 2009
Statutory Demands and Debts December 2007
Statutory Demands and Genuine Disputes October 2008
Statutory Limitations on Liquidators July 2009
Statutory limitations on Liquidators' Powers - Should they be adjusted? November 2008
Stuart Ariff of Stuart Ariff Insolvency Administrators found guilty of fraud January 2012
Suggested "improvements" to the VA Process July 2010
Superannuation and Investment Fraud January 2012
Superannuation Claims in Insolvency July 2011
Taking the "Family" out of Family Business April 2011
Tax Debts and Insolvent Trading Claims August 2008
Tax Laws Amendment (Transfer of Provisions) Bill 2010 July 2010
The ATO Annual Report Discloses a Substantial Increase in Insolvency Debt and Action January 2012
The Doctrine of Exoneration – Who gets the benefit? May 2011
The effect of Bankruptcy on Proceedings November 2007
The emergence of the 5th Major Bank? November 2009
The Flood Fallout Continues … January 2012
The High Court's decision in Sons of Gwalia April 2007
The Majority Rules - Sometimes February 2010
The option to indemnify continues; a review of HP Mercantile Pty Ltd v Tumut River Orchard Management (In Liquidation) January 2012
The Power to Examine Upheld, Clarity for Receivers and Mortgagees April 2012
The Price of Burying your Head in the Sand is.....? April 2012
The protection of Superannuation while it is Superannuation January 2012
The Queensland Payments Act March 2007
The Sons of Gwalia decision confirmed March 2009
The Stake Man gets off March 2010
The Taxman Cometh February 2012
The timing of preferences May 2008
The Winding Up of Storm Financial July 2009
Timing Issues - Have you been served? September 2007
Timing Issues - Have you been served? September 2007
To Insure or Not to Insure May 2011
Trading Voluntary Administrations July 2011
Trustees holding property and waiting for price increases April 2008
Unregistered securities – priorities beware September 2010
Unwinding a Winding Up September 2007
Using a Deed of Company Arrangement to support legal action April 2012
Virtual Meetings in Corporate Administrations? April 2010
Voluntary deregistration of companies and Director Penalty Notices – BEWARE!!!! April 2011
Voting and Surrender of Security March 2010
Voting at Corporate Meetings gets a facelift March 2008
Voting at Creditors Meetings April 2012
Waiting for the next bubble June 2010
Was Madoff Front Running? June 2010
What could go wrong? May 2010
What happens when a member of a Self Managed Super Fund becomes bankrupt? January 2012
What makes a good Section 73 Proposal? February 2007
'What Went Wrong' January 2012
What's in a Name? January 2010
When can I make a voluntary appointment? October 2010
When does a Personal Insolvency Agreement End? April 2012
When liquidators refuse to litigate April 2012
When Preserving the Status Quo Is Not Enough August 2007
Where there’s a Will there’s a Way – and a Relative January 2012
Who can change the Trustee of a Trust? December 2007
Who can prove for Superannuation Contributions? December 2009
Who like a scary story? March 2010
Whose mortgage is it anyway? - The Doctrine of Exoneration May 2007
Whose Tax Refund Is It? May 2011
Winding up an incorporated association November 2008
WorkChoices – Who’s covered and who’s not? - Part 1 September 2007
WorkChoices – Who’s covered and who’s not? - Part 2 October 2007
WorkChoices – Who’s covered and who’s not? - Part 3 November 2007
You really should pay some attention January 2012
You went broke because you did not spend enough money December 2010