Mondaq Australia: Insolvency/Bankruptcy, Re-structuring
Summary of a recent case which considered the duties of liquidators.
"Pre-packs" are arrangements where the sale of a business is negotiated prior to the appointment of an administrator.
A lease disclaimer may appear to be straightforward and uncomplicated, but yet may be complex and not entirely settled.
The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies.
The Bell Group case, now Australia's most expensive and longest running court case, is now headed to the High Court.
The Court ultimately held there would be real prejudice to the employees of the Group in prolonging the administration.
This article takes a look at the insolvency and restructuring trends of companies in the mining sector around the globe.
Summary of a recent, significant US bankruptcy matter.
An update on an ongoing dispute between companies in the Westpoint Group.
Statutory demands are a quick and easy way to prove a debtor company's insolvency, but there are many potential defects,.
New legislation imposes more rigorous requirements on insolvency practitioners.
This decision should give confidence that Schemes remain effective for debt for equity swaps or similar transactions.
The Damilock decision highlights the need for liquidators to review current practices when paying priority creditors.
Although the receivers were entitled to claim legal professional privilege, they hadn't put forward enough evidence.
A recent Western Australian judgment discusses how orders under section 447A could limit an administrator's liability.
The decision is particularly relevant where a liquidator wants to sell a property unencumbered, not subject to a lease.
Merely registering a security interest on the PPSR may not be enough to adequately protect the interests of a landlord.
Insolvency practitioners and creditors should regularly consider the potential effects of cross-guarantee class orders.
The time debt is incurred is the relevant time for when directors may be liable for a company's inability to pay rent.
The article covers foreign insolvency proceedings in Australia under the UNCITRAL Model Law on Cross-Border Insolvency.
Most Popular Recent Articles
A lease disclaimer may appear to be straightforward and uncomplicated, but yet may be complex and not entirely settled.
The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies.
This article takes a look at the insolvency and restructuring trends of companies in the mining sector around the globe.
Serving multiple statutory demands for various parts of a single debt could be found to be an abuse of process.
Voluntary administration or assessing a company's viability, is not the same as liquidation, winding up a company.
Summary of a recent case which considered the duties of liquidators.
"Pre-packs" are arrangements where the sale of a business is negotiated prior to the appointment of an administrator.
Insolvency practitioners and creditors should regularly consider the potential effects of cross-guarantee class orders.
The Bell Group case, now Australia's most expensive and longest running court case, is now headed to the High Court.
A recent decision of the NSW Court of Appeal clarified when a person will be considered a shadow director of a company.
