As an insolvency practitioner, I occasionally see the impact that shadow and de facto directors can have on companies.
Section 461(k) of the Corporations Act 2001 (Cth) is a discretionary power of the court to order the winding
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Getting it right, for the right reasons
Inevitably, disputes and disagreements over business or personal financial matters will come up, often requiring the intervention of professional advisors.
We often observe the individuals involved in the dispute losing sight of the ‘bigger picture’, becoming distracted by the stress of the situation.
This loss of focus puts assets, businesses and the interests of other stakeholders at risk.
We can offer an independent, balanced and commercially minded voice in these situations, and value add to the process by advising on the insolvency implications of a particular course of action, or protracted negotiations.
We have acted a Provisional Liquidators and Court Appointed Receivers & Managers in several dispute related matters, resulting in resolutions, settlements and closure.
We have also acted as the independent chair of periodic and recurring directors’ meetings – being responsible for the cordial conduct of the meetings and exchanges of information pursuant to Court Orders.
If you or a client are involved in a dispute and you think that we can assist, please contact us on 08 9215 7900 for a cost and obligation free consultation.