Recently, the ATO has commenced disclosing businesses’ debt information to credit reporting agencies if the business meets certain criteria.

You may have noticed that over the last 12 months the Australian Taxation Office (“ATO”) have returned to “business as usual” in terms of enforcing overdue tax debts.

With the increase in DPNs being issued by the ATO, companies operating small businesses are often faced with a difficult decision to make about whether to place their company into administration or liquidation.

This year the Australian Taxation Office (“ATO”) have significantly increased enforcement action to recover tax debts. If you have unpaid tax liabilities, you could be faced with court proceedings, bankruptcy, or in the case of companies, liquidation. Directors may also be personally liable for some tax debts incurred by their company under the Director Penalty Notice (DPN) regime.

The PPSA is a Commonwealth Act that governs security interests in personal property. It established the Personal Property Securities Register (PPSR) which enables secured parties to give notice of actual or prospective security interests by recording information about secured parties, grantors and collateral. 

Contracts are a critical aspect of the heavy equipment industry. When contractual disputes arise, it is important to review the terms of the contract, determine the obligations of each party, the timeline for performance and the consequences for any breaches.

Previously we highlighted some legal issues that commonly arise in relation to heavy machinery. This week we want to address the Australian Consumer Law (ACL), and its applicability to certain heavy machinery disputes. 

At Scoglio Law, over the years we have been involved in numerous disputes regarding heavy machinery (sometimes called heavy equipment) for our clients.

The recent Federal Court case of Coleman v Gannaway [2023] FCA 224 demonstrates the difficulties creditors and their lawyers face when preparing bankruptcy notices and the special care required to ensure they are not defective. 

On 8 February 2023 the High Court has recently handed down two decisions which significantly impact two important legal issues to unfair preference actions.