Contained within the Privacy Act 1988 and the Privacy (Credit Reporting) Code 2014 is a regime concerning the collection, storage and use of data relating to an individual’s credit’s history and credit worthiness information.

The Office of the Australian Information Commissioner recently conducted a review of the Code and made several recommendations for change, providing a timely reminder of the nature of the Code and the obligations on all parties involved in requests for credit reporting information.

A nerd, a lawyer and marketer go for coffee… sounds like the intro to a bad joke (and maybe it is) – but recently, Holman Webb’s Marketing and Business Development Manager sat down with the firm’s Head of Innovation and Growth, Steve Ferhad and Chris Hadley MICM – Partner within the firm’s Commercial Recovery and Insolvency Group, for a discussion on how converging technologies are set to impact the credit profession.
 

Contracts do not need to be complicated or convoluted, but they do need the right Terms and Conditions in place to ensure your business is properly protected. A robust set of Terms and Conditions can eliminate loopholes and put your business in the best possible position to recoup monies owed.

Having appropriately worded Terms and Conditions can mean the difference between a successful recovery and a write-off.  

This article outlines theTerms and Conditions that trade credit suppliers should consider within the context of a Commercial Credit Agreement.

Risk is when your loss can easily surpass your gain – severity of that loss can come down to exposure and vulnerability of your business.

In many industries, risk takes various forms and the risk factors that could affect your business the most are could be external – economic downturn and insolvency.

This piece from Holman Webb's Commercial Recovery and Insolvency Group takes a look at the concept of risk, what those working within a credit function need to know - and how Holman Webb can help.

The Australian Financial Review recently reported that “total construction sector inflation will hit 9.5 per cent over the year to June 2022, and 6 per cent over the year to December 2022”.

This increased financial pressure in the industry will heavily impact the likelihood of increased insolvency activity.

With the latest ABS statistics confirming that the CPI increased by 2.1% in the last quarter, and that inflation reached 5.1% over the 12 months to March 2022 quarter (the highest since 2001) - those in the building and construction industries have been particularly hard hit.

Higher inflation impacts:

• Supply chains: a shortage of materials has seen an increase of 3.8% in construction costs;
• Labour markets; and
• RBA interest rate rise: higher interest rates may lead to a dampening in economic activity.

These additional costs have flow on effects to construction activity, some of which may be far reaching.

As all credit professionals know - credit, cashflow and collections all work together to protect the lifeblood of many businesses.  Without a proper functioning credit team, businesses run the risk of significant impacts on ongoing profitability and viability. 

Unfortunately, risk is an unavoidable part of the credit function. 

With this in mind, this article from Commercial Recovery and Insolvency Partner Chris Hadley and Special Counsel Andrew Tanna highlights how carefully considered credit terms can help to mitigate risk and provide safeguards to your business.

This piece was originally published in the Australian Institute of Credit Management's 2022 Risk Report published 30 May 2022).

The Full Court of the Federal Court recently delivered its judgment in the matter of Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64.

The decision will undoubtedly have significant implications for the ongoing application of the peak indebtedness rule by creditors and liquidators.