Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.
Coleman Greig Lawyers
Liquidators can recover funds acquired by creditors from an insolvent company or in some cases, from a 3rd party.
Holman Webb
A director may claim safe harbour protection, following a course of action reasonably likely to lead to a better outcome.
Cooper Grace Ward
Directors will need to carefully demonstrate compliance with the new obligations to gain benefit of the safe harbour.
Corrs Chambers Westgarth
The QCA considered whether a disposition of property by a company after the commencement of its winding up was void.
DibbsBarker
When the reforms come into effect in 2018, there will be major restrictions on the enforceability of ipso facto clauses.
Corrs Chambers Westgarth
Insolvency law reforms and recent approach adopted in the Ten decision change the restructuring landscape significantly. .
Corrs Chambers Westgarth
The prior conduct of liquidators may not impugn their independence or create a perception that they are not independent.
BRI Ferrier
In order for a company under administration to continue operating, it is often necessary to arrange external funding.
Holding Redlich
The purpose of the reforms is to protect companies in financial difficulties that are undergoing genuine restructuring.
Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
KordaMentha
Ten Group creditors have voted overwhelmingly to accept an offer by CBS that pays 100 cents in the $ to most creditors.
KordaMentha
KordaMentha Restructuring has begun to distribute a first dividend of $500 million to Arrium admitted creditors.
KordaMentha
Distribution was the next step after one of the most complex and biggest administrations in Australian corporate history.
KordaMentha
The proposed DOCA enables the Channel Ten Network business to continue and maximises the return to creditors as a whole.
Worrells Solvency & Forensic Accountants
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Worrells Solvency & Forensic Accountants
The voluntary administrators were surprised by water and flood damage and substandard repair works to the building.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Most Popular Recent Articles
Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
Worrells Solvency & Forensic Accountants
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
KordaMentha
Distribution was the next step after one of the most complex and biggest administrations in Australian corporate history.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
KordaMentha
Ten Group creditors have voted overwhelmingly to accept an offer by CBS that pays 100 cents in the $ to most creditors.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
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