Clarity At Last on s 451E: Federal Court in Rathner Confirms Ipso Facto Operates as Expected

What is now known as the ‘ipso facto regime’ was introduced by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 in September 2017, which inserted a number of provisions that provided for a stay on the exercise of certain ipso facto contractual rights in the context of corporate restructuring and insolvency procedures.

What is an ipso facto clause?

Filed under:
Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporations Act 2001 (Australia)
Authors:
Peter Bowden , Afreen Taqvi
Location:
Australia
Firm:
Gilbert + Tobin