Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Dentons
In a much anticipated judgment, the Court of Appeal of the Supreme Court of NSW has delivered good news for insolvency practitioners concerning their remuneration.
BRI Ferrier
Courts, through judicial discretion, supervise the proposed transition from winding up to a deed of company arrangement.
Dentons
At the end of November 2016, in a good news story for lenders, we reported on a victory in the NSW Court of Appeal where the court held the application of a 2% default interest margin...
Colin Biggers & Paisley
Security interests must be registered correctly to avoid assets vesting in a company if placed into administration.
Corrs Chambers Westgarth
The overriding consideration is whether the appointment of the special purpose liquidator will benefit all the creditors.
DibbsBarker
When a receiver receives property post-appointment, the receiver is not subject to pay the other priority creditors.
Cooper Grace Ward
The commercial or non-tax aspects of a restructure can be just important, if not more so, than the tax issues.
Corrs Chambers Westgarth
Liquidators may claim an equitable lien to recover costs and expenses from assets that they have cared for and preserved.
Norton Rose Fulbright Australia
The Court clarified the date for fixing the categorisation of assets after the appointment of receivers and managers.
Surry Partners
Insolvency usually gives rise to both legal and financial issues.
Cooper Grace Ward
These decisions highlight the perils of failing to register interests on the PPSR, or failing to correctly register them.
Coleman Greig Lawyers
This decision has highlighted the importance of attention to detail when registering security interests on the PPSR.
Corrs Chambers Westgarth
The decision provides comfort to liquidators that they will be justified in refusing to conduct certain examinations.
BRI Ferrier
This article discusses the extent that the provision allows encroachment on the rights of a circulating security holder.
KordaMentha
The decision reinforces the need for creditors to properly register their security interests to protect their collateral.
DibbsBarker
This case was a useful summary of when the courts are likely to grant leave to proceed against a company in liquidation.
BRI Ferrier
Administrators seeking these orders need to satisfy the court that no disadvantage to creditors will be experienced.
BRI Ferrier
The main concern for external administrators of therapeutic goods companies is potential exposure to personal liability.
BRI Ferrier
By a proper process, and a thorough investigation, the administrators reached a reasonable outcome for all creditors.
Cooper Grace Ward
A lessor's security interest must be appropriately documented in accordance with the PPSA and correctly registered.
Most Popular Recent Articles
KordaMentha
The decision reinforces the need for creditors to properly register their security interests to protect their collateral.
Surry Partners
Insolvency usually gives rise to both legal and financial issues.
Bartier Perry
All businesses should be aware of the importance of properly recording their security interests on the PPS Register.
DibbsBarker
This case was a useful summary of when the courts are likely to grant leave to proceed against a company in liquidation.
Colin Biggers & Paisley
Security interests must be registered correctly to avoid assets vesting in a company if placed into administration.
Kemp Strang Lawyers
The decision is unsurprising but provides judicial confirmation of what was a commonly held understanding of fixtures.
Bartier Perry
The PPSA will be amended so that only certain leases and bailments will fall into the 'PPS lease' definition.
Coleman Greig Lawyers
This decision has highlighted the importance of attention to detail when registering security interests on the PPSR.
Norton Rose Fulbright Australia
The Court clarified the date for fixing the categorisation of assets after the appointment of receivers and managers.
HopgoodGanim
This case highlighted the importance for lessors of plant, equipment or other goods to get PPSR registrations correct.
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