Author: Mark Streeter

If you suspect a company you are trading with may be insolvent, it is important you be wary of receiving any payments from that company. If a company is insolvent, any payment you receive could be reversed by the Liquidator as a "preference" at a later...

If you are the director of a company, The Australian Competition and Consumer Commission (ACCC) may at some point request you attend a “voluntary interview”. If a breach of what was known as the Trade Practices Act is alleged, the ACCC now has a...

In December 2012, the Australian Government made changes to the laws relating to unclaimed money, including Section 69 of the Banking Act. Some of the elements of the changes are:  The time at which money is recognised under the Banking Act as lost...

What is a Writ of Execution? The most common mode of enforcing the judgment debt against an individual judgment debtor or a company judgment debtor is to issue a Writ of Execution. This is a direction to the Sheriff or Bailiff to attend a given address...

Similar to bankruptcy proceedings against individuals, winding up proceedings are those brought against debtors that are companies. Winding up proceedings will generally only be brought against a company where the debt is in excess of $10,000, however...

  If the judgment debt is for a substantial amount and the debtor is an individual, the creditor is entitled to enter a Bankruptcy Notice against the debtor. At present, a Bankruptcy Notice can be issued for any debt over $5,000. It is issued by...

The High Court recently provided clarification on a controversial decision in the Family Court regarding the court’s power to order the division of assets when a couple have separated involuntarily, due to the deteriorating health of one or both...

    A recent case in the NSW Supreme Court has helped define who can undertake the role of financial manager of a person’s assets when a person is incapacitated. It also helped define what constitutes a conflict of interest in the circumstances...

Do you have a friend or relative that suffers from a physical or mental disability and currently has a matter in the Family Court? Are they having difficulty understanding and communicating? If so, then they may lack the capacity to manage their own...

With summer in full swing, backyard swimming pools are again a focus for families. But many pool owners are not aware of the new responsibilities they face this year with the implementation of new pool safety laws. These new laws will require more...