In brief: A recent Federal Court decision has highlighted two grounds on which creditors should consider defending unfair preference claims which are brought by liquidators. Partner Chris Prestwich (view CV) and Lawyer Tim Chiang look at a case that deals with what constitutes an unsecured debt and the extent to which creditors are able to set off unfair preference claims. Read more.

Welcome to issue 6 of Norton Rose Fulbright’s International arbitration report. In this issue, we provide an overview of the investment provisions of the Trans-Pacific Partnership, including its dispute settlement mechanisms, and discuss the early days of the Hague Convention on Choice of Court Agreements. We have practical guides to the English law of privilege, and on the treatment of the principles of res judicata and issue estoppel in arbitration. Read more.

On 11 February 2016, the Indonesian Government released the tenth instalment of its economic stimulus programme. The programme includes new regulations that seek to streamline investment and business licence procedures, and weaken the hold of oligarchies and cartels that exist in certain sectors. The focus of this tenth package is the revision of the Indonesian Negative Investment List of 2014. Read more. (Subscription required.)

Welcome to issue 16 of Restructuring Global Insight, bringing you reports on breaking legal developments in restructuring law across borders and in jurisdictions around the world. This issue features: AFRICA ■Institutionalizing secured lending to SMEs – a key to growth of the economy in the African region CONTINENTAL EUROPE ■Pro-business reform of Polish bankruptcy law – January 2016 National bank of Ukraine relaxes certain restrictions on currency market UK ■LMA syndicated loans: separate and independent rights for lenders – can we go at it alone?

In our article “Mirabela Nickel Restructuring - An Australian First” in the Q3 2014 issue of Global Insight, we considered the cutting-edge case of Mirabela Nickel Ltd [2014] NSWSC 836 (Mirabela) which was the first example of the court approving a debt-for-equity swap of an externally administered listed company, despite the absence of shareholder approval. The issue has been considered further in the recent case of Nexus Energy Limited [2014] NSWSC 1910 (Nexus).

In brief: The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency, particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation. Partner Nick Rudge and Lawyer James Waters report. Read more

In brief: A Supreme Court of Queensland judgment handed down today has provided greater certainty for secured creditors of companies that earn profits following the appointment of a receiver. The judgment dispels suggestions that the law was uncertain and means that secured creditors can continue to fund receivers confident that any trading profits will be distributed to them as secured creditors and not to priority creditors. Partner Michael Ilott and Managing Associate Bruce Wacker report. Read more

In recent months, the US has seen a staggering increase in the number of retailers, both large and small, filing for bankruptcy. Among others, Dots, Alco Stores, Radio Shack, Deb Shops, Wet Seal, and Delia’s have each filed for bankruptcy protection in the past six months alone. There can be little doubt that these retailers and countless others, face tremendous challenges given consumers’ shift in preference to online shopping with expedited shipping over visiting a bricks-and-mortar store.

In brief: In two decisions arising from the Octaviar liquidation, the High Court has given guidance on liquidators' ability to seek extensions of time for bringing voidable transaction claims. The decisions also highlight the risks of such applications. Partner Christopher Prestwich and Lawyer Julia Baine report. Read more.

In brief: The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. The decision emphasises that a trust will not arise unless the parties expressly declare their intention to create a trust, or if such an intention can be clearly inferred from the language of the parties and the commercial circumstances. Partner Matthew Whittle and Lawyer Glyn Ayres report. Read more.