ATO recovery powers – are your house sale proceeds at risk?

A garnishee order is a form of enforcement action that can be used for the recovery of debts. It can be served on a third party who owes money to the debtor, directing the third party to pay that money to the entity that issued the garnishee notice, rather than the debtor.

Ordinarily, a court-ordered judgment is required before a garnishee order can be made. However, the ATO can issue a garnishee notice in relation to outstanding tax debts without a court judgment being entered, against any person or business who owes money to the tax debtor or holds money on their behalf. (more…)

Avoiding direct inconsistency between the Corporations Act and State/Territory laws

In the decision of Linc Energy Ltd (In Liq) [2017] QSC 053, Justice Jackson found that the pre-existing Queensland environmental laws have priority over inconsistent Commonwealth Corporations Act disclaimer provisions.

The matter involved the liquidator’s right under the Corporations Act to disclaim onerous property pursuant to sections 568 and 568D of the Corporations Act, and the pre-existing State-based environmental obligations imposed upon companies. (more…)

Michael Stevens

Lawyer

Michael specialises in personal and corporate insolvency, commercial contract advice, dispute resolution and debt recovery. He also assists clients with commercial and residential property needs, which includes conveyancing, leasing and caveat advice.

Michael acts for banking institutions, large and small corporations, accountants, liquidators, bankruptcy trustees and individuals.

Renee Stevens

Lawyer

Renee works with clients to prepare contract documents essential to their business, such as terms of trade, director guarantees and sub-contractor agreements. She assists clients with the preparation of wills, powers of attorney, guardianship documents, probate applications and the administration of estates. She also looks after clients' conveyancing needs, assisting with the sale and purchase of properties.