MCW Corporate Dispute Resolution

25/03/2020

Directors are set to face several consequences if they are discovered to be trading whilst insolvent.

CCO, Ashley Tulley sits down with dispute resolution lawyer Austin Bull to find out what insolvent trading is and the consequences directors can face if they allow their company to trade whilst insolvent.

18/03/2020

Risks are inevitable in business, but you never want these risks to impact you personally. This is why it's common for directors to transfer assets into their spouse's name.

But, when it comes down to it, are your assets REALLY safe from creditors if they are in your wife/ husband's name?

CCO, Ashley Tulley sat down with Senior Associate, Austin Bull to find out.

03/03/2020

One of the questions we get here all the time in the disputes and insolvency team is: Will I lose my house if the company I am a director of can’t pay its bills on time?

In this week’s article CCO Ashley Tulley sits down with fellow Senior Associate Austin Bull to discuss this issue and find out the seven step framework he uses to help prevent this from happening.

Watch the video or read the full article:
https://www.cdr.mcwlawyers.com.au/personal-liability/will-i-lose-my-house-as-a-director-if-my-company-cant-pay-its-bills/

The short answer to this question is probably yes, if you do nothing and potentially no, if you go through the following seven step framework.

26/02/2020

Personal liability as a director is a common concern when dealing with a company that can’t pay its debts.

In this week’s article we discuss the two main ways in which a director can be held personally liable for company debts.

More importantly, we go through how to avoid personally liability in these scenarios step-by-step.

There are two main ways in which a director can be held personally liable for company debts. 1. Where the director agrees to ...

14/11/2019

It can be hard to figure out when you should negotiate a dispute yourself and when you should bring in the pros.

Here are 3 situations where you should try to negotiate yourself and 3 situations where it's better to hire a professional to negotiate on your behalf.

For more information on this topic watch our video on the link below:
https://www.cdr.mcwlawyers.com.au/negotiation/negotiation-diy-vs-hiring-a-professional/

12/11/2019

For a lot of situations negotiation is often used to achieve a solution rather than going to Court.

Find out the main situations where you should try and negotiate yourself and the situations where it's probably better to hire a professional.

Watch the full video on the link below:
https://www.cdr.mcwlawyers.com.au/negotiation/negotiation-diy-vs-hiring-a-professional/

05/11/2019

When applying to set aside a statutory demand there are 3 things you must do.

Find out the steps you need to take when applying to set aside a statutory demand by reading or watching our article below:

When applying to set aside a statutory demand there are 3 things you must do: 1. Prepare the Court documents. 2. File & serve the documents. 3. Argue your ..

31/10/2019

Been served with a statutory demand? Negotiating hasn't worked?

Well it may be time to take things to Court. To make an application to set aside the statutory demand.

By making this application you are asking the Court to set aside the demand based on you arguements and reasons presented.

If you are successful then you will not need to pay the statutory demand.

Watch the full video on the link below to find out what you need to do in order to set aside a statutory demand:

https://www.cdr.mcwlawyers.com.au/statutory-demand/how-to-set-aside-a-statutory-demand-part-3/

29/10/2019

Can't or don't want to pay a statutory demand?

Well the good news is with the right argument, strategy and tactics you may be able to negotiate your way out of paying a statutory demand.

Or at least get the creditor to withdraw the statutory demand - giving you more time to figure out a solution.

If you are going to negotiate and respond to the statutory demand then we suggest you include the following 4 things...

We can all agree that most people and directors don't want to go to Court over money. The good news is there's a way to avoid Court and potentially still not have to pay the statutory demand.

24/10/2019

Are you dealing with a statutory demand?
Can't or don't want to pay it?

Well the good news is there's a way to avoid Court and still not have to pay the statutory demand.

The best way to achieve this is to negotiate with the company who issued you with the demand.

Find out the 4 main things, leading lawyer Austin Bull recommends you include when responding to a statutory demand.

22/10/2019

Are you dealing with a Statutory Demand?
Can't or don't want to pay it?

Well the good news is you might not have to.

You don't have to pay a statutory demand if you can get the Court to set the demand aside.

In order to get the Court to set the statutory demand aside you must have a genuine and valid reason as to why you should not have to pay.

There are 3 main reasons that the Court considers genuine enough to set aside a statutory demand.

Find out if you could use one of these reason by reading the following article.

We can all agree that as a director, receiving a statutory demand isn't the greatest day in our lives. Luckily it's a problem that can be dealt with....

17/10/2019

Recieved a statutory demand?
Need to set it aside?

Watch our 3 part video series as Senior Associate, Austin Bull takes you through the method we use at McInnes Wilson Lawyers to deal with a statutory demand.

Meaning you can get back to business.

Start with part 1 by clicking the link below:
https://www.cdr.mcwlawyers.com.au/statutory-demand/how-to-set-aside-a-statutory-demand/