由于新型冠状病毒对很多生意和个人经济都造成了很大的影响,中央政府对破产和公司清盘的有关法律做了一些临时的改变。截至这篇文章发布的日期,以下改变自2020年3 月25日开始生效,为期 6个月。

As COVID-19 has resulted in adverse financial impacts on companies and individuals, the Federal Government has enacted new insolvency laws to make some temporary changes. These changes take effect from 25 March 2020. As at the date of this article, the changes are for a period of 6 months beginning 25 March 2020.

个人破产 Bankruptcy

法律改变之前,只要债主有超过 $2000以上的债务证明,就可以开始对债务人进行破产程序。现在新法律要求债务必须至少 $20,000, 债主才可以对债务人进行破产程序。

Prior to the change, a creditor can commence bankruptcy proceedings against a debtor if there is a debt of at least $2,000. After the change, a creditor can now only commence bankruptcy proceedings if the judgment debt is at least $20,000.

法律改变之前,债务人必须在收到破产公告书的21 天内进行答复。现在新法律给债务人长达6个月的时间来对破产公告书进行答辩。

Prior to the change, deadline for an individual to respond to a bankruptcy notice is 21 days. After the change, an individual now has 6 months to respond to a bankruptcy notice.

公司清盘 Insolvency

法律改变之前,只要债主的债务达到 $2000,其他条件达成的情况下,就可以向欠款的公司发出法定要求债还书。现在新法律要求债务达到 $20,000, 在其他条件达成的情况下,债主才可以向欠款的公司发出法定要求债还书。

Prior to the change, the threshold amount for the issuing of a Creditor’s Statutory Demand is $2,000. The threshold amount has now been raised to $20,000.

法律改变之前,公司必须在收到法定要求债还书的21天内 进行答复。现在新法律把期限增长至6个月。

Prior to the change, the deadline for a company to respond to Creditor’s Statutory Demand is 21 days. After the change, a company now has 6 months to respond to a Creditor’s Statutory Demand.

贴士 Tips

因为以上法律的改变,债主如果想要马上达到一些效果,也许可以考虑采用其他方法,例如暂时的冻结令,债权扣押法令,等等。

Due to the changes in legislation, if you are a creditor and you wish to take effective measures with an immediate impact, you may wish to consider other options such as an interim freezing order, garnishee order and so on.

这篇文章仅仅是为大家普及一些基本的法律常识。并不适用于你个个人情况。如果想咨询更多,请联络我。

This article aims to provide you with very general legal information and cannot constitute legal advice to any tailored circumstance. If you wish to know more, please do not hesitate to contact me.

About the Author

Catherine Tan

Lawyer
A commercial litigation and insolvency lawyer, Catherine fights passionately for the interests of her clients with care and dedication.

Related News

Coronavirus and the Law: I am concerned about my customer not being able to pay me

It is an unfortunate reality that your business can be severely affected when one of your customers becomes insolvent. With the current COVID-19 pandemic, it is a sobering reality that many businesses in the supply chain are likely to fail...
18 March, 2020

Coronavirus and the Law Series: Commercial leases and the coronavirus

Welcome to part two of the Madgwicks Lawyers Coronavirus and the Law Series. In this series, Special Counsel Catherine Ballantyne explores some of the legal problems stemming from the virus and its effects on businesses in order to shine light...
16 March, 2020