Australia: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

The Turnaround Tightrope: Insights From The 2025 Annual Turnaround Survey

In August 2024, Alvarez & Marsal (A&M) partnered with the Turnaround Management Association Australia (TMA) to survey over 140 TMA professionals on the key trends shaping the turnaround profession and broader economy.

Australia Commercial

AM

Alvarez & Marsal

Court Denies Creditor's Attempt To Stop Security Interest Vesting In Liquidated Company

Risks of failing to register a security interest within time, particularly where the grantor goes into liquidation.

Australia Insolvency

CC

Corrs Chambers Westgarth

Court of Appeal clarifies criminal liability on employee entitlements

Law's scope narrowed - directors aren't criminally liable under section 596AB if they expect employee entitlements will be paid through the FEG scheme.

Australia Commercial

W

Worrells

What accountants, book-keepers and their staff should be looking at

Insolvency early warning signs checklist.

Australia Accounting

W

Worrells

Understand the consequence of bankruptcy in Australia

Australia Insolvency

W

Worrells

Cross-Company security and liquidator challenges: Full Federal Court restores certainty in CEG Direct Securities v Cooper [2025] FCAFC 47

Australia Insolvency

S

Swaab

WLG Restructuring & Insolvency Resolution Group Key Takeaways: Rescue Culture In Australia–Reflections On Safe Harbour Protection

Australia Insolvency

WL

World Law Group

Genuine dispute - Set aside a statutory demand

Australia Insolvency

SL

Stonegate Legal

Employees entitled to priority claims from ‘true employer' following receiver sale

Australia Insolvency

CC

Corrs Chambers Westgarth

Creditors' Meetings

Australia Insolvency

CP

Cathro & Partners

Mistakes directors make that lead to insolvency and how to avoid them

Australia Insolvency

W

Worrells

What professionals need to know about superannuation and insolvency

Australia Insolvency

W

Worrells

Creditor-initiated insolvent trading claims

Australia Insolvency

W

Worrells

Opinion: thorough investigations and real consequences are essential in gambling-related bankruptcies

Australia Insolvency

W

Worrells

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Australia Employment

BP

Bartier Perry

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

What Happens If… You Are Faced With A Sanctions Issue And Need To Investigate? (Podcast)

Australia International

KL

Herbert Smith Freehills Kramer LLP

It's Not All Zoom And Gloom: Balancing An Employee's 'Right To Privacy'

Australia Privacy

GC

Gilchrist Connell

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Court of Appeal clarifies test to be applied for a s 444GA share transfer

Court clarified the high threshold for proving unfair prejudice to shareholders and the evidentiary requirements in administrator-led valuations.

Australia Insolvency

CC

Corrs Chambers Westgarth

Introducing Cathro Clarity: Unlocking Australia's Insolvency Data

Construction, accommodation/food services, and retail remain at the forefront of insolvency risk.

Australia Insolvency

CP

Cathro & Partners

Reliance on supporting creditor to satisfy presumed insolvency

The Supreme Court held a creditor can use another creditor's unmet statutory demand to prove insolvency in winding-up proceedings.

Australia Insolvency

CC

Corrs Chambers Westgarth

Voidable transactions: What liquidators are looking for

Liquidators can recover unfair pre-liquidation payments to ensure fair treatment of all creditors.

Australia Insolvency

W

Worrells

Part X Agreements: The SBR for individuals

Australia Insolvency

W

Worrells

Stepping down to stay compliant

Australia Commercial

W

Worrells

How to use a statutory demand to wind up a company

Australia Insolvency

SL

Stonegate Legal

Cryptocurrency in bankruptcy: Identification and realisation by trustees

Australia Insolvency

W

Worrells

Navigating Governance During Financial Distress

Australia Commercial

AO

A&O Shearman

Navigating voluntary administration: Key considerations for landlords of insolvent tenants

Australia Insolvency

HR

Holding Redlich

Federal Court terminates wind up of company in liquidation

Australia Insolvency

CC

Corrs Chambers Westgarth

Your Guide to Australian Bankruptcy in 2025

Australia Insolvency

BF

BRI Ferrier

Insolvency Insights: Related Party Loans And Unreasonable Director-related Transactions

Australia Insolvency

CG

Cooper Grace Ward

Ransomware And Data Extortion Attacks In Insolvency Scenarios

Australia Insolvency

FC

FTI Consulting

Federal Court terminates wind up of company in liquidation

Liquidation does not necessarily mark the end of a company's life.

Australia Insolvency

CC

Corrs Chambers Westgarth

Your Guide to Australian Bankruptcy in 2025

Bankruptcy is a legal process that helps you regain financial control by releasing you from most of your debts.

Australia Insolvency

BF

BRI Ferrier

Insolvency Insights: Related Party Loans And Unreasonable Director-related Transactions

For insolvency practitioners it also provides insight into how the assignment of claims might effectively be used to mitigate litigation risks.

Australia Insolvency

CG

Cooper Grace Ward

Ransomware And Data Extortion Attacks In Insolvency Scenarios

Ransomware and data extortion attacks are unfortunately becoming increasingly common (see for example, high profile attacks on Canva, Latitude Financial and recently the Legal Practice Board of Western Australia).

Australia Insolvency

FC

FTI Consulting

Liquidators' right to refuse a direction by creditors confirmed

Australia Insolvency

CC

Corrs Chambers Westgarth

Subrogation of Debts and Australian Insolvency Law: A Technical Summary

This article outlines the doctrine of subrogation, statutory recognition of the right of subrogation, a recent WA Supreme Court case, and considers the contrasts with the assignment of debt and/or securities.

Australia Insolvency

W

Worrells

Understanding Creditors Voluntary Liquidation process

CVL is a process where a company's directors and shareholders voluntarily wind up the company because it is unable to pay its debts (i.e., the company is insolvent).

Australia Insolvency

W

Worrells

Jet Midwest and Rex Airlines land in court to clarify proprietary rights during administration

Discusses the extent to which an owner of property can pursue its proprietary rights whilst the company is in administration.

Australia Insolvency

CC

Corrs Chambers Westgarth

Education Law Notes – Term 2, 2025

Welcome to our Term 2 issue of Education Law Notes!

Australia Healthcare

CO

Carroll & O'Dea

Providing urgent funding to a company in external administration: do you lose your seat at the COI table?

Australia Insolvency

CC

Corrs Chambers Westgarth

Corporate Insolvency Reform – The impact of the 2025 Federal election

Australia Insolvency

HW

Holman Webb Lawyers

When the ATO comes knocking: How Insolvency turned into opportunity

Australia Insolvency

W

Worrells

Understanding asset values in liquidation: A closer look at the process

Australia Insolvency

W

Worrells

Gift certificates: Why they are great and when they are risky

Australia Insolvency

W

Worrells

If These Aren't In Your Brokerage's Liquidity Agreement, Something's Wrong

Australia Insolvency

TRAction

Dispelling the myth of bankruptcy: insights from an experienced insolvency lawyer

Australia Insolvency

P

PCL Lawyers

Federal Court grants one-year ‘shelf order' to allow another company's liquidator to investigate

Australia Insolvency

CC

Corrs Chambers Westgarth

Small Business Restructure, a Voluntary Administration for small business? Same, same but different.

Australia Insolvency

W

Worrells

Examinations by the Official Receiver - A more cost effective option

Australia Insolvency

W

Worrells

HECS - HELP Debt in Bankruptcy: What You Need to Know

Australia Insolvency

W

Worrells

Supreme Court appoints special purpose liquidator to replace incumbent liquidator

Australia Insolvency

HR

Holding Redlich

New Jersey Bankruptcy Court Ruling Highlights The Utility Of Chapter 15 In Enforcing Foreign Bankruptcy Court Orders In The United States As A Matter Of Comity

Worldwide Insolvency

JD

Jones Day

Courts won't avoid provisional appointments where a company is solvent

Australia Insolvency

CC

Corrs Chambers Westgarth

Personal insolvencies are on the rise

Australia Insolvency

W

Worrells

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Latest Videos

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Insights into creditor activism with Anna Taylor, Principal at Results Legal

CP

Cathro & Partners

Guide to Liquidation

MG

Mackay Goodwin

Voluntary Administration

CP

Cathro & Partners

[Video] Safe harbour - for financially distressed companies

CP

Cathro & Partners

Episode 1: Called to Account - Insolvency through the lens of an unfolding crisis

BF

BRI Ferrier

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