TGIF 24 November 2023 – Court rejects guarantor’s attempt to subrogate in related company insolvency

In this week’s TGIF, we examine the recent case of Re Eliana Construction and Developing Group Pty Ltd [2023] VSC 639 which considers guarantor subrogation rights in insolvency scenarios. Key takeaways This case provides a pertinent reminder that deeds and guarantor agreements may alter the rights of parties in a liquidation scenario. Creditors, particularly those…

Melbourne company collapses owing $900k

An Australian company has collapsed leaving a trail of creditors owed more than $900,000, including up to 20 customers who had paid deposits but never had the work done. Melbourne (Wholesale) Roller Shutters went into liquidation in March with 41 unsecured credits left out of pocket by $908,000, according to an initial report from liquidators…

The Secret Brewer: Voluntary Administration

Over the past two years, voluntary administration has become an all-too-common phrase in the beer world, a sign of the challenges faced by the brewing industry at a time when the wider economy is experiencing an ongoing downturn.  While the number of VAs represents only a small percentage of the entire brewing industry, the attention…

‘ASX Wolf’ finfluencer declared bankrupt by ASIC

Look, if you’ve been plotting an investment strategy using tips from Instagram influencers, you’re probably beyond our help. But we have to try – it’s our job – and the latest instalment in the sorry tale of Tyson Scholz, the online stock trading “educator” with a taste for Ferrari, Bugatti and Rolls-Royce cars, high-end champagne,…

‘Traumatising experience’: ATO under fire for denying debt relief to at-risk taxpayer in robotax fallout | Tax

The Australian Taxation Office denied debt relief to a taxpayer despite acknowledging the person was in serious financial hardship and at immediate risk of homelessness, according to details released by the tax ombudsman. The person, whose name was not disclosed, is one of many caught by the ATO’s widely criticised “robotax” scheme that has resurrected…