Disclaimers and the obligation to comply with environmental protection orders

The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.

Filed under:
Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz
Authors:
Kathryn Pacey , Stuart MacGregor , Scott Sharry
Location:
Australia
Firm:
Clayton Utz
Lessons for administrators: avoid material omissions in a section 439A report and get the DOCA right

Key Points:

A section 439A report must contain all material information which is known or reasonably ascertainable by administrators.

Filed under:
Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz
Authors:
Scott Sharry
Location:
Australia
Firm:
Clayton Utz