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Searching Content indexed under Insolvency/Bankruptcy by Clayton Utz ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
The Courts flip-flopping (again) on the validity of flip clauses in insolvency proceedings
The validity of flip clauses has been the subject of much insolvency litigation and across different jurisdictions.
Australia
5 Sep 2016
12
Short cuts in insolvency actions may make for even longer delays
The insolvency of Alan Bond's Bell Group empire was the commencement of Australia's longest-running piece of litigation.
Australia
11 Aug 2016
13
Trust companies in liquidation - dealing with priority debts
A recent NSW decision has implications for liquidators of trustee companies dealing with trust funds and priority debts.
Australia
27 Jul 2016
14
Retention of title and the PPSA: a high steaks issue
This case clarifies matters of registration of retention of title clauses for secured creditors dealing with grantors.
Australia
31 May 2016
15
Don't flip out! Government proposals on ipso facto clauses could void securitisation flip clauses
The Australian Government is proposing to constrain certain "ipso facto" clauses ‒ which could make flip clauses void.
Australia
10 May 2016
16
Liquidator finds new way to get extension of time to bring unfair preference claim
This decision may give liquidators greater scope to find a possible extension of time-frames in which they have to work.
Australia
17 Apr 2016
17
Insurers must come to the liquidator's party
A plaintiff may be able to bypass a defendant (even if insolvent) to seek a declaration against the defendant's insurer.
Australia
7 Mar 2016
18
Cross-border insolvency provisions at work
Complex cross-border issues can be dealt with relatively easily as long as flexibility is built into the relevant orders.
Australia
29 Dec 2015
19
New dangers in safe harbour rules
The new safe harbour rules aim to balance the interests of creditors against the need to encourage business start-ups.
Australia
21 Dec 2015
20
Safe harbours and unenforceable ipso facto clauses on the way for Australian insolvency law
The Government has accepted certain recommendations of the Productivity Commission's long-awaited Report.
Australia
13 Dec 2015
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