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Statutory Demand vs. Letter of Demand: How to Choose the Right Debt Collection Path
A statutory demand and a letter of demand are not interchangeable debt recovery options. Directors and credit managers regularly confuse the two, but each operates under a different legal framework...
What is a Creditor’s Statutory Demand for Payment of Debt?
A statutory demand is a formal written notice served by a creditor on a company requiring payment of an outstanding debt. The demand is issued under section 459E of the...
Common Law Trade Mark
Many business owners assume registering a business name automatically secures ownership, but in Australia, this is not the case. Using a brand in the marketplace does not guarantee broad or...
ATO Tax Debt Resolution Guide
The Australian Taxation Office (ATO) has publicly committed to a firmer approach to debt collection. Published guidance confirms that garnishees and Director Penalty Notices are in active use across current...
What is an ATO DPO? Departure Prohibition Order Explained
In recent months, Australian authorities have increased their use of travel restrictions as part of efforts to recover unpaid government liabilities. For individuals and business owners with unresolved obligations, this...
Voluntary Administration vs Small Business Restructuring
When a business faces mounting debt, cash-flow pressure or escalating creditor action, directors must act quickly to protect the company’s position. In many cases, the decision comes down to voluntary...
Capital Gains Tax and Bankruptcy: A Minefield for Trustees in Bankruptcy
Abstract The imposition of capital gains tax on trustees in bankruptcy has become a contentious issue following the Federal Court's decision in Robson as trustee for the bankrupt estate of...
What does an Insolvent Estate Mean?
When a deceased estate cannot meet its debts and liabilities, families are often left with confusion and concern about what happens next. An insolvent estate can feel overwhelming for an...