March 2019 – #SVVoidables by Matthew Hudson

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March 28, 2019Franchising, Insolvency, Priority entitlements

FEG can claim Franchis(or/ee) Marketing Funds as circulating security assets

Aussie Farmers Direct Liquidation (AFD) has hit the news again, following a judgment handed down last week from the Victorian Supreme Court (VSC). The VSC ruled in favour of FEG, and against the Liquidator, by holding that the Marketing Fund is property of AFD, “comprised in or subject to a circulating security interest” (CSI) and is available for…

March 18, 2019DPN's, Insolvency, Public Commentary

New directors need to be aware of DPN’s

A recent case from the WA District Court on director penalty notices issued by the Australian Taxation Office, shows just how unnecessarily complex DPN laws have become. Unfortunately, in this case, it looks like the Registrar has got it wrong by ruling against the ATO. Imagine the following: – you take over as sole director for…