Operate, Expand, Diversify or Divest

The Mining sector is facing headwinds from inflationary pressures and global market uncertainty despite robust demand outlook for key commodities Auxilium Partners is pleased to present its views on the Western Australian Mining market having regard to its first-hand involvement assisting clients in the advisory and restructuring space. Issues to consider as you operate, expand,…

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Diggers & Dealers 2023 = ESG = Sustainability

One of the most important issues in mining today is the growing emphasis on sustainable and responsible mining practices. We all know Environmental Social Governance (ESG) is “corporate speak” for sustainability and the acronym featured strongly with speakers at Diggers & Dealers 2023, as was the case last year. When Auxilium’s Andrew Smith attended the…

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Wagons, Saddlebags, Drowning – Navigating Business Challenges

Dire predictions of insolvencies hit the headlines during the COVID-19 pandemic when our business landscape faced unprecedented challenges. The term “zombie companies” gained traction. It’s a label I still find troubling because it seems to disregard the dedication of hardworking business owners fighting to keep their ventures afloat. Undoubtedly, government pandemic incentives provided crucial support.…

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Financial Stress and Insolvency Changes

Changes to insolvency regulations granted creditors expanded rights to access company information, documents and reports. 1. Introduction The Australian Government introduced into the Parliament various proposed amendments to the Corporations Act 2001 (Cth) (the Act) as part of its National Innovation and Science Agenda. The changes passed both Houses of the Parliament on September 2017.…

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Company in liquidation … What are your rights as a creditor?

Recent changes to insolvency regulations have granted creditors expanded rights to access company information, documents and reports. 1. Introduction The Insolvency Practice Schedule (Corporations) contained in Schedule 2 of the Corporations Act 2001 (Cth) (Act), together with the Insolvency Practice Rule (Corporations) 2016 (IPR) govern the rights of creditors to request information, reports and documents…

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Insolvent Trading Provisions For Company Directors

Safe Harbour” for Company Directors: New legislation offers protection from insolvent trading when guiding business out of trouble. Recent amendments to the CorporationsAct 2001 (Cth)will allow directors to have a go at trying to save their companies during difficult times without worrying about personal liability under insolvent trading provisions. 1. Introduction For many years, it…

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Director Identification Number (DIN)

New legislation has been introduced into the Parliament, which obliges all directors to obtain a Director Identification Number (DIN) under the Corporations Act 2001 (Cth). This regime is intended to be administered by the Australian Business Registrar with the ATO and can make investigations easier for external administrators, and other regulatory government bodies. 1. Introduction…

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More Protection For Whistle-blowers

The Whistle-blower protection provisions contained in Part 9.4AAA of the Corporations Act 2001(Cth) (Act) have been in operation for a number of years. However, they have been scarcely used due to their limitations and arbitrary conditions in order to trigger the operation of these laws or provisions. The new amendments are hoped to provide better…

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What Is A Certified Fraud Examiner (CFE)?

Certified Fraud Examiners are specialised professionals worldwide who have demonstrated high level ability to achieve across the same rigorous criteria. Auxilium Partners is pleased to announce that our partner, Paul Cockburn, is now one of the few Certified Fraud Examiners in Perth. Auxilium Partners’ clients benefit from Paul’s investigative tenacity, forensic audit skills, and ability…

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Construction Industry Distressed Asset Workout

“Distress in construction and some practical tips that construction businesses might take insituations when they are staring down a financial distress situation”.  Construction industry stress  This article aims to outline to the readers how the proper management of situations whereby construction businesses, developers or related parties operating in a distressed environment can minimise the fallout…

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