Welcome to the Pentana Stanton Lawyers blog – your trusted source for insights and updates on Australian law. Explore our articles covering family law, employment disputes, commercial law, and more. Whether you’re looking for guidance on navigating complex legal issues or staying informed about the latest developments, our blog is here to provide clarity and actionable advice. For personalised legal support, don’t hesitate to contact us to book a consultation.
A court may appoint a provisional liquidator in Victoria where company assets, records or business operations require urgent protection while a winding-up application is pending. This article examines the legal test under section
Public examinations under sections 596A and 596B of the Corporations Act 2001 (Cth) allow eligible applicants to question directors and other relevant persons on oath, obtain documents and investigate potential claims arising from
Payments made to directors or related entities before insolvency may be recoverable where the company received no reasonable commercial benefit. This article explains section 588FDA, indirect benefits to directors, the four-year relation-back period,
When a company enters liquidation, employees may rank ahead of ordinary unsecured creditors and, in some cases, secured creditors with claims over circulating assets. This article explains section 556 priority payments, section 561,
A shareholder class action in Australia may arise where a listed entity delays material disclosure or releases misleading market statements. This article examines the continuous disclosure regime, Part IVA group proceedings, litigation funding,
A party misled into a commercial agreement may be entitled to rescind the contract and unwind the transaction. This article examines when rescission is available in Victoria, how courts assess inducement and restoration,
Separation does not automatically release a spouse from a family business guarantee. This article explains continuing liability, the Garcia principle, lender consent, indemnities in property orders and when section 90AE may affect third-party
Winning a judgment is the only step. Victorian creditors must identify assets, income and third-party debts before choosing between a warrant of seizure and sale, garnishee order, attachment of earnings, charging order over
In Victoria, a jointly owned home may pass automatically to the surviving joint tenant under the right of survivorship, outside the deceased’s will. This article explains when severing a joint tenancy may protect
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