News and Resources > Litigation Funding – a Tool for Creditors?

Litigation Funding – a Tool for Creditors?

If employed strategically by creditors, litigation funding can enable the creditor to seek a priority payment, which may result in a significant recovery.

With the anticipated flood of new insolvencies as a result of the COVID-19 pandemic, being aware of the key factors and best practice has never been more important for creditors and insolvency practitioners alike, especially those creditors seeking to enjoy a priority.

Michael McDonnell, Principal of Results Legal recently published an article in the Australian Restructuring Insolvency and Turnaround Association (ARITA) journal that highlighted the tips and traps for practitioners where litigation funding is used.

These principles are also relevant for credit providers and business advisors.  Using these strategies can reset the balance of power in favour of minority creditors even in the face of what seems to be insurmountable disparities in voting power, having regard to the quantum of the debts.

To find out more, click here to view the full article.

Creditors and insolvency practitioners should obtain specialist advice regarding potential funding matters and the underlying claims and causes that are the subject of potential funding.

ALSO READ: Receivership/Administration/Liquidation. What’s the difference and how does it affect creditors?

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If you need legal advice or representation of specialist commercial lawyers concerning a case involving your business, please contact our team at Results Legal on 1300 757 534 or use our contact form to send us a message.

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Trade Credit and Debt Recovery Trends

Trade Credit and Debt Recovery Trends

In this video, Results Legal Manging Director Karl Hill discusses what we’re seeing in the trade credit and debt recovery sector in more detail.

Our goal is to assist credit managers and professionals in the credit industry by providing valuable insights into the changing economic and financial landscape.

By staying informed about evolving patterns, you can effectively manage credit risks and identify opportunities to position your business for success. Understanding developments in trade credit and debt recovery will enable you to create strategies for risk mitigation and capitalise on growth prospects in a fluctuating market. This knowledge is vital for

Unfair Contracts: Frequently Asked Questions

Unfair Contracts: Frequently Asked Questions

As the changes to the Unfair Contract Terms Regime have now come into effect, many of our clients have been seeking clarification on what this means for their businesses.

With the new legislation in place, it’s important for companies to fully understand their obligations and ensure they are compliant.

Over the last few months, we have received a range of questions regarding the Unfair Contract Terms Regime, from what constitutes an unfair term to how to draft contracts that align with the new regulations.

In the video below, Special Counsel Robert Shepley has provided answers to some of the most

Results Legal Welcomes Rob Shepley to Lead New Commercial Division

Results Legal Welcomes Rob Shepley to Lead New Commercial Division

Our primary goal is to achieve better commercial outcomes for our clients.

With that in mind, we’re proud to announce the appointment of Special Counsel Robert Shepley who has joined Results to head up our new commercial division.

Results Legal has been a specialist in commercial dispute resolution, focusing on areas such as debt recovery, insolvency, and commercial litigation since its inception.

Our goal is to proactively assist clients in achieving the best possible commercial results. Managing Director Karl Hill said of the appointment, “We believe that early involvement in a transaction is crucial for avoiding disputes and ensuring cost-effective

Corporate Counsel’s Guide to The Unfair Contracts Regime Changes

Corporate Counsel’s Guide to The Unfair Contracts Regime Changes

From 9 November 2023, the amended Unfair Contract Terms Regime is in effect.

 It is crucial for Australian businesses and their legal teams to be fully aware of the potential risks involved.

The consequences of non-compliance include hefty penalties and increased exposure to legal disputes.

Special Counsel Robert Shepley has created the Corporate Counsel’s Guide to the Unfair Contract Terms Regime to help legal teams ensure that their businesses are protected from the risks of unfair terms, ultimately safeguarding their commercial interests.

Download the Corporate Counsel’s Guide to the Unfair Contract Terms Regime

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Results Legal Trends Report November 2023

Results Legal Trends Report November 2023

The current market is challenging and the effects on businesses from COVID are still playing out.

In a recent video, Managing Director Karl Hill provides valuable insights into the market conditions that our clients are experiencing, sharing not only an overview of trends we are seeing in our areas of specialisation, industry trends and recent regulatory changes, but also touching on some of the key matters we are working on.

Topics covered in this video include:

  • Banking & Finance
  • Shareholder & Partnership Disputes
  • Insolvency & Restructuring
  • Trade Credit & Debt Recovery
  • Changes to the Unfair Contract Terms Regime

Is your Credit Documentation and Terms of Trade Unfair?

Is your Credit Documentation and Terms of Trade Unfair?
This article first appeared in Credit Management Magazine, October 2023. Read full Magazine here.

With the introduction of Unfair Contract Terms Regime on November 9th, it is more important than ever for creditors to ensure that their Credit Documentation and Terms of Trade are compliant with existing laws – as failure to do so can now result in your business being exposed to not only increased legal disputes but also new punitive penalties.

In this article, we’ll discuss what these changes mean for you as a creditor and how best approach updating or reviewing the relevant documentation within your business.


[Webinar] The New Unfair Contracts Terms: What it means for your business

[Webinar] The New Unfair Contracts Terms: What it means for your business

Onerous and punishing – the new unfair contract terms regime will affect thousands of businesses standard form of contracts.

Is your business prepared for the changes? 

Join us at 12pm on Wednesday, May 24th as we hear Anna Taylor – Principal at Results Legal and Jeff George – Head of Risk and Group Services of NCI discuss the upcoming changes to the unfair contract terms regime which come into force on 9 November 2023.

About the Webinar

The changes to the unfair contract terms regime bring about significant changes which will likely affect all

Set-Off And Peak-Indebtedness Get The Axe In MJ Woodman And Badenoch Logging Judgments

Set-Off And Peak-Indebtedness Get The Axe In MJ Woodman And Badenoch Logging Judgments

The High Court delivered two judgments on 8 February 2023 to bring about the most significant development to the unfair preference laws and ended many years of uncertainty in relation to the defence of set-off and the application of the running account principle.

For many years, there has been heated debate as to whether:

    1. set-off is available as a defence to an unfair preference claim; and
    2. the “peak-indebtedness rule” is part of the law in Australia.

The High Court decisions of Metal Manufactures Pty Limited v Morton [2023] HCA 1 (Morton) and Bryant v Badenoch Integrated Logging