#SVVoidables by Matthew Hudson
This blog is designed to capture the large volume of my LinkedIn posts. To follow me on LinkedIn search #SVVoidables.
The National Cabinet is meeting tonight to finalise plans on how to deal with leases and tenancies due to the economic turmoil. A careful balance must be struck between tenants, landlords and their creditors (like banks, body corporates, land taxes, rates, utilities, etc). A moratorium on commercial leases and any attaching personal guarantee is strongly…
Pretty amazing to see what happens when Federal politicians work together to pass legislation that is (in the most part) in the best interest of Australians. Last night 10 out of 11 Coronavirus Bills were passed by the House of Reps and the Senate. Awesome work to all involved, especially as these 11 Bills were…
I would have thought that the whole point with the safe harbour laws was to protect directors in circumstances similar to the challenges we are facing from #COVID19. The safe harbour laws needed a relaxing of the tax and superannuation payment obligations and better education. Not a complete abolition. What about those persons that flaunt…
Mix of my LinkedIn Articles from Sunday 22/3/2020 and Monday 23/3/2020 … BREAKING 22/3/2020: The government has just announced (in its stimulus package) an increase to the threshold at which a creditor can take action to initiate insolvency from $2,000 to $20,000 and giving companies six months instead of 21 days to respond. It probably…
INTERESTING CASE: Does a business development manager employee owe a fiduciary duty to his employer when he gives a customer a very large credit limit increase (without authorisation)? Not on these facts, according to the Queensland Court of Appeal. Case is: Metal Manufactures Limited v Johnston & Anor [2020] QCA 42 Very fact heavy, but bear…
On 1 Dec 2020 the UK tax office (HMRC) will re-receive a super priority in all external administrations. Originally it was slated to start in 25 days time, but this has been pushed back. I feel for my fellow insolvency professionals over in the UK – please reach out if you’d like to share your…
BREAKING: the High Court has just held that a person who is found on the evidence to be “the overall boss” or have “overall responsibility” of the business of a company, IS AN OFFICER of the company for the purposes of the para (b)(ii) definition in s 9 of the Corporations Act 2001 (‘the Act’).…
Travis Mitchell, Barrister at the Victorian Bar
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