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Trusted Insolvency Services
to make the best out of your situation
If you or your Company are unable to pay debts and need advice about how to navigate insolvency, bankruptcy or restructuring, our expert team is here to support you through the process so you can achieve the best possible outcome.
Trusted by some of Australia’s most successful brands
Wide ranging experience in a variety of insolvency matters
Over the past 10 years, our insolvency team have conducted over 2000 cases for liquidators. This experience has finely tuned our litigation skills, allowing us to figure out how to win cases as quickly and efficiently as possible in the commercial context.
No Hidden Costs
Disputes are stressful enough, so we make it easy for you by ensuring you are well informed of the costs associated throughout the process.
You get peace of mind that your case is being handled efficiently.
URGENT & TEMPORARY CHANGES TO INSOLVENCY LAWS TO HELP COMPANIES AMIDST THE COVID-19 PANDEMIC
Updated 23 March 2020
The Federal Government has announced 3 major changes to the insolvency laws to address the pandemic.
The changes were “announced in a “Fact Sheet” at www.treasury.gov.au/coronavirus.
The changes are not yet law. When they are enacted we will let you know.
We summarise the (temporary) changes here:
1). Statutory Demand Thresholds
The threshold for which a creditor may issue a creditor’s statutory demand for payment of debt will be increased from $2,000 to $20,000.
The time to comply with a statutory demand will increase from 21 days to 6 months.
The effect of this change will give businesses breathing space around all debts.
2). Bankruptcy Notice Threshold
The threshold for which a creditor may issue a bankruptcy notice for payment of debt will be increased from $5,000 to $20,000.
The time to comply with a bankruptcy notice will increase from 21 days to 6 months.
The effect of this change will give individuals breathing space around all judgement debts.
3). Insolvent Trading
Directors will be relieved of their duty not to trade whilst insolvent for 6 months (presumably during the pandemic).
In other words, directors can continue to incur debts during the pandemic even if their company is insolvent.
If you are a business owner and you or your customers are experiencing financial distress, contact Baybridge Lawyers for a chat on how to navigate the times ahead.
Baybridge can assist you in a range of insolvency matters, including:
- applications to set aside bankruptcy
- notices and statutory demands
- applications to extend convening periods
- hearings of sequestration and winding up applications
- public examinations by liquidators and trustees
- applications in respect of voluntary administrations and deeds of company arrangements
- applications to set aside unfair or insolvent transactions
- applications to the Court for directions and judicial advice
Over the past 10 years, our insolvency partner Sundip Ghedia has conducted about 2000 cases for liquidators.
Experts in navigating people and businesses through insolvency, restructuring and other business concerns, we are known for delivering successful outcomes for our clients.
Whether it’s through alternative dispute resolution or court proceedings, we guide you smoothly through the process.
Get Sydney’s insolvency experts on your side
- How do I avoid trading whilst insolvent?
- What do I do if I can’t pay my debts when they fall due?
- Someone has served me with a Statutory Demand. What should I do?
What is bankruptcy and how will it affect me?
- How long do I have to comply with a Bankruptcy Notice?
- What does a Directors’s Penalty Notice mean for my business?
- What are my responsibilities as a Director in an Insolvent Company?
- Should I wind up my business?
- I am a creditor. How do I get paid?
Case Study: A tax debt headache
In this matter, our client was faced with something which most people are terrified of. A huge tax bill. Our client was an avid property investor and kept buying and selling properties without paying capital gains tax. Our client was under the impression that he had set up the correct structure to minimise tax – he was buying property using a trustee holding company.
The ATO served the client twice with Statutory Demands requesting payment of the tax debt. The difficulty here was that a Statutory Demand for the Payment of Debt served by the Commissioner of Taxation is not permitted to be disputed. Our client faced losing the family house and having a liquidator appointed to the trustee company. Nevertheless, our insolvency partner managed to obtain a successful result for the client.
The ATO agreed to officially withdraw the Statutory Demand and we filed an application in NCAT to negotiate the balance which remained unpaid. We successfully negotiated a 50/50 arrangement (and thereby agreed to pay a portion of the tax debt subject to certain conditions).
Case Study: Creditor manages to recoup their losses
On the flip side, where a creditor is owned a large sum of money, it is difficult to watch the company who owes the creditor going into liquidation. Our client was a building demolition company who demolished the internal structure of an office block in the Sydney CBD.
The head contractor (building company) took the money earnt on the project and went into liquidation without having paid our client for its demolition services. We took this case to the District Court on behalf of the creditor and what eventuated was a 12 day hearing. In trying to recover the creditor’s due money, we brought a claim alleging the head contractor company was insolvent and that its director knew that the company was insolvent.
The case dealt with many technical matters but primarily the court had to decide whether the head contractor company was trading whilst insolvent at law. The court agreed with our claim and the director of the insolvent company was ordered to pay the creditor all of its outstanding debt plus costs.
Are you worried about the survival of your business?
Book a free consultation with our insolvency and restructuring partner today.
A team that’s dedicated to your success
Located in Sydney’s CBD, we’re a corporate and commercial firm with a strong focus on franchising, trademarks, and dispute resolution and litigation. Comprising Baybridge Lawyers, we provide interconnected legal, strategic, and advisory services to a range of commercial and private clients both, nationally and abroad. With unrivalled local knowledge as well as a proven track record, we support our clients no matter where you are.
Our team brings to the table a wealth of knowledge, skill, and real-world experience in optimising business opportunities. We work with you to understand and analyse your issues, objectives, and markets to take full advantage of your opportunities at hand. Because we understand that running your own business takes courage— so our team is 100% invested in your endeavours, and we take pride in your success.
“Efficient, effective and a high quality service throughout. A true peace of mind in the hands of these lawyers”
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With Baybridge Lawyers working on your side, you’re in the best of hands
Do you need a Insolvency lawyer on your side? Get in touch with us for a free consultation to discuss your litigation needs.
To book in for your free consultation, simply enter your details in the form below or give us a call on (02) 9232 3511 and one of our expert team will be in touch as soon as possible.
Law Experts 2019