RSM Australia

Restructuring Insights

Restructuring Insights

Oppressive behaviour as a director will bite you in the wallet

17 May 2018
The exercise of directors’ powers came under close scrutiny in the recent decision In the matter of Optimisation Australia Pty Ltd [2018] NSWSC 31, and the directors lost out against a minority shareholder who

Insolvency Reform Edition 16 | Is it time?

3 May 2018
This article discuesses whether it is time for Insolvency Practice Standards contained in the ARITA Code, to be given the force of law. VIEW THE PAST EDITIONS OF INSOLVENCY REFORM >>

Appeal helps liquidators sleep easy

10 April 2018
Phew!Liquidators breathed a small sigh of relief at the decision delivered on 9 March 2018 to the appeal in to the Linc Energy Ltd (In Liquidation): Longley & Ors v Chief Executive Dept of Environment & Heritage Protection decision which was delivered early in 2017.

Insolvency Reform Edition 15 | 1 year bankruptcies. Will we regret this?

13 March 2018
This article of Insolvency Reform discusses the Bankruptcy Amendment (Enterprise Incentives) Bill 2017.

Company directors get a safe harbour in relation to potential insolvent trading claims

4 December 2017
On 18 September 2017, what has become called “the safe harbour defence”, became available to company directors from claims against them for allowing the company to incur debts whilst insolvent (“insolvent trading”). This reform was part of the Government’s National Innovation and Science Agenda launched in late 2015.

Tips to avoid failure for small business - Part 2

24 November 2017
In Part 2 of this series, we provide some key advice for reducing debt risks for small business owners.

Tips to avoid failure for small business - Part 1

6 October 2017
Small business owners take note! At RSM, we have seen many businesses with cash flow problems or debt recovery issues successfully turned around as a result of early action on the part of directors and business owners.  

Insolvency Reform Edition 14 | Independence: The sky is not falling

1 September 2017
This article of Insolvency Reform discusses the recent Network Ten decision and its implications on independence requirements for insolvency practitioners.  VIEW THE PAST EDITIONS OF INSOLVENCY REFORM >>

Insolvency Reform Edition 13 | Is Independence Dead?

21 July 2017
This article of Insolvency Reform covers the recent court challenge around independent insolvency practitioners. View the past editions of insolvency reform >>

Directors and creditors take note: Changes to the claw-back rules

28 June 2017
In a liquidation, a liquidator has the right to take back property or money that the debtor improperly gave away before the liquidator was appointed.

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