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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Clayton Utz ordered by Published Date Descending.
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1
Where to from here (now that ipso facto reform has become law)? Unresolved impediments to company restructures in a VA context
Three of those unresolved obstacles to restructuring through a voluntary administration are discussed in this article.
Australia
18 Dec 2017
2
A class of their own? Class constitution in schemes of arrangement
In light of these Boart Longyear decisions, Courts will continue to vigorously adjudicate class constitution challenges.
Australia
19 Oct 2017
3
The timely rise of illegal phoenix actiivity reforms - changes to the Corporations Act
The proposed changes will affect insolvency practitioners, restructuring advisers, company directors and creditors.
Australia
15 Oct 2017
4
Phoenix activity in Australian companies in Federal Government sights
The Government announced that it will launch a comprehensive package of reforms to crackdown on illegal phoenix activity.
Australia
29 Sep 2017
5
Anti-phoenixing reforms to corporate law, tax law and insolvency now open for consultation
Phoenix activity affects creditors, employees, competing businesses and taxpayers when it leaves behind an empty shell.
Australia
29 Sep 2017
6
Safe harbour reforms passed, and anti-phoenixing reforms on the way
Directors should get guidance on how safe harbour reforms could affect a business and review long-term supply contracts.
Australia
13 Sep 2017
7
Major decision on set-off and security interests in insolvency may lead to significant contractual change
This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
Australia
9 Jun 2017
8
Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless…
An understanding of legal professional privilege and its scope is extremely important for existing and former directors.
Australia
2 May 2017
9
Amerind or am I wrong? Victoria changes direction on insolvent corporate trustees
Assets held by an insolvent corporate trustee in its capacity as trustee may not be "property of the company".
Australia
31 Mar 2017
10
Moral hazard hits China - be prepared for the fallout
The Chinese Government is attempting to provide more sophisticated tools for dealing with unprofitable companies.
Australia
14 Dec 2016
11
Cultural change beyond legal reform needed to help return Australian companies From Red to Black
Companies are slowly turning around, but board and management attitudes must change for more successful restructurings.
Australia
29 Nov 2016
12
Distressed – the calm before the storm
The private secondary market is now firmly placed as a viable enforcement option for companies in distressed situations.
Australia
 
17 Nov 2016
13
The rise and rise of restructuring plans
This article considers how corporate restructuring plans are developed and how to judge their success.
Australia
 
17 Nov 2016
14
Atlas Iron restructure: the state of play
The Atlas Iron restructure was a strong result, brought about because of the engagement of restructuring specialists,
Australia
 
17 Nov 2016
15
The prospect of a safe harbour for company directors
Australia may place too much emphasis on penalising and stigmatising corporate failure and not on celebrating success.
Australia
 
17 Nov 2016
16
Our financial predictions for FY16 – how did they pan out?
We reflect on our predictions for FY16, both to check what happened and put our FY17 predictions into context.
Australia
 
17 Nov 2016
17
From Red to Black: the Australian restructuring market in FY2016: Year in review
We aim to provide you with expert commentary on key restructuring trends in FY16 and outline our expectations for FY17.
Australia
17 Nov 2016
18
Clash of the titans: PPSA vs insolvency
This case discussed the interaction between insolvency and PPS law, particularly retention of title security interests.
Australia
 
17 Nov 2016
19
The Good, the Bad and the Ugly – Australian banking
Australian banks are removing the shackles of the "reset and forget" forbearance in place of corporate refinancings.
Australia
 
17 Nov 2016
20
Administrators' remuneration: proportionality as a test of reasonableness
A court will not blindly accept time-based remuneration, but prefers to consider the proportionality of the remuneration.
Australia
19 Sep 2016
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