Director Penalty Notices: ATO Announces Stricter Debt Recovery
Learn when the ATO will issue a lockdown or non-lockdown DPN, when liability applies, & about possible defences. Contact Aitken Whyte Lawyers for legal advice.
When Can a Bankruptcy Trustee Recover Property or Set Aside a Transfer Under Sections 120 and 121 of the Bankruptcy Act?
Understanding Claw-Back Provisions The Role of a Bankruptcy Trustee When a person is declared bankrupt in Australia, a Bankruptcy Trustee is appointed to manage and administer their financial affairs. This may be a Registered Trustee (a private insolvency practitioner) or the Official Trustee (operated or engaged by the Australian Financial Security Authority). The Trustee’s key […]
Insolvent Trading
Aitken Whyte Lawyers can act for all parties in relation to matters of insolvent trading. This includes company directors, members, shareholders, and creditors.
Successful Recovery of Funds for Plaintiff
Debt recovery – we successfully recovered money lent for a property development, plus costs and interest, from a company and its directors.
What is Bankruptcy?
What is Bankruptcy? Bankruptcy: A General Overview Bankruptcy occurs where a person, unable to pay their debts, has a trustee appointed to control their assets and finances, in exchange for protection from legal action by their creditors. Bankruptcy also protects creditor’s interests by placing an independent person in control of investigating the bankrupt’s affairs to […]
Creditors Statutory Demand for Payment of a Debt – Form 509h Statutory Demands
What is a Creditors Statutory Demand for payment of a debt? If you have a debtor or money owed to you by a company, issuing a statutory demand can be a very effective means of recovering those monies if there is no genuine dispute about the debt. A form 509h creditors statutory demand for payment […]
Setting Aside Statutory Demands
Applying to set aside a statutory demand What is a Creditors Statutory demand for payment of a debt? A form 509h creditors statutory demand for payment of a debt is a written demand for payment served by a creditor on a company. The Corporations Act 2001 (Cth) outlines the circumstances in which a statutory demand […]
Setting Aside Default Judgments
Setting Aside Default Judgments The court will give a default judgment where the defendant has failed to file a defence. Once the plaintiff/creditor obtains a default judgment, they will then have twelve years to enforce payment of the judgment debt. A defendant/debtor with sufficient cause may make an application to set aside a default judgment. […]
Set Aside Bankruptcy Notices
How to set aside Bankruptcy Notices A bankruptcy notice can be set aside for various reasons but including if the notice misstates the amount of the debt. The Federal Circuit Court requires strict compliance with the Bankruptcy Act because it sets in trail the process for a person leading to bankruptcy. If it is defective […]
Recovering part of a debt owed by a company
Recovering part of a debt owed by a company Summary In circumstances where only part of a debt is in dispute (and therefore a creditor is unable to swear in a supporting affidavit that the whole debt is due and payable), two recent cases have ruled that a statutory demand made for the payment of […]