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Searching Content indexed under Insolvency/Bankruptcy by Holding Redlich ordered by Published Date Descending.
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1
Insolvency: Year in review
This article assesses the effect of the recent insolvency legislative reforms on the insolvency market in Australia.
Australia
3 Dec 2018
2
Shares can be transferred to a third party, without the consent of the owner of the shares
This case illustrates the breadth of available options to keep a company out of liquidation for the benefit of creditors.
Australia
3 Nov 2018
3
Liquidate and luxuriate – or back from the grave?
Liquidation doesn't clean the slate for regulatory prosecutions and directors may still be liable for CoR offences.
Australia
27 Oct 2018
4
How safe is the harbour for Security of Payment Act claimants?
Given the prevalence of contractor insolvency, this new regime may be used in the building and construction industry.
Australia
11 Oct 2018
5
An update on ipso facto law reform
These new laws make due diligence around contractor selection critical, particularly in relation to financial solvency.
Australia
30 Aug 2018
6
Ipso facto regulations and M&A transactions
The aim of the new regime is to preserve the enterprise value of a business undertaking a formal restructure process.
Australia
12 Jul 2018
7
Recent judgment provides key Security of Payment insights
This case creates a division between NSW and Victoria in how the courts apply the SOP legislation to insolvent companies.
Australia
26 Apr 2018
8
Post-mortem of a shipping company – the Great Southern Shipping debacle
The Liquidators annual report provides a post-mortem analysis of the main causes of the failure of the shipping company.
Australia
7 Apr 2018
9
Key cases that transformed the legal landscape in 2017 - and how they will impact your business
This article summarises our selection of the most relevant cases from 2017 and the key takeaways for business for 2018.
Australia
17 Feb 2018
10
New laws to restrict a right to terminate a contract for insolvency events
The purpose of the reforms is to protect companies in financial difficulties that are undergoing genuine restructuring.
Australia
17 Nov 2017
11
Termination for insolvency – Major new laws about to restrict the right to terminate
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
Australia
10 Nov 2017
12
Corporate restructuring rorts under scrutiny in government blitz
The consultation paper suggests that Government will crack down on phoenix activity and corporate restructuring rorts.
Australia
26 May 2017
13
Insurers brought in from the cold by the High Court
The liquidator may join the company's insurer, to seek a declaration that the insurer is liable to indemnify the company.
Australia
13 May 2016
14
Key implications of the Innovation Statement for startups
These five key reforms proposed by the Innovation Statement could be of interest to our clients involved in startups.
Australia
15 Dec 2015
15
Lessons from Smith v Boné: Repayment arrangements and risks to directors
This case demonstrates the strict statutory duty of directors to ensure that the company does not trade while insolvent.
Australia
25 May 2015
16
Follow my lead: the UK Supreme Court looks to Australia to determine 'insolvency'
Can an anticipated inability to repay a debt trigger a state of 'insolvency'?
Australia
16 Jun 2014
17
Unreasonable director related transactions: more power to liquidators
The unreasonable director related transaction provisions in the Corporations Act 2001 (Act) are among its most powerful.
Australia
29 Apr 2014
18
Debt recovery: maximising recovery and minimising write-offs
The article provides practical tips to ensure you maximise recovery of debts and minimise the likelihood of non-payment.
Australia
5 Apr 2014
19
Independence of liquidators & taking referrals from potential targets
True independence and impartiality are central to the roles of administrators and liquidators in a corporate insolvency.
Australia
21 Feb 2014
20
Effects of insolvency in the construction industry
Given the tough economic conditions, review your corporate obligations and manage your debts to protect your business.
Australia
5 Feb 2013
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