Category Archives: Commercial

Summary dismissal of an application to annul a bankruptcy and the Federal Court’s discretion to do so

Posted by Kerrs LawPosted on June 19, 2025 Bankruptcy, Dispute Resolution, Insolvency & Restructuring, Litigation, Personal

Case Note: Kimber v Clark in his capacity as trustee of the property of Kimber (No.

Clarifying Director Resignations: Key Takeaways from One Tree Agriculture Pty Ltd v Lye [2025] FCA 126

Posted by Kerrs LawPosted on March 26, 2025 Commercial, Insolvency & Restructuring, LitigationCorporate Insolvency, Litigation

One Tree Agriculture Pty Ltd v Lye [2025] FCA 126 – Directors – Appointment and Resignation

Safe Harbour Insolvency Regime

Posted by Kerrs LawPosted on February 21, 2023 Commercial, Insolvency & RestructuringCorporate Insolvency, Corporate Restructuring, Director's duties, insolvent trading, Safe Harbour legislation

To date, Australian courts have not closely examined the operation of the relatively new Safe Harbour legislation, however greater judicial authority will likely become available as Covid-19 support measures are reduced, and small businesses increasingly rely on expanded Safe Harbour protections.