Safe Harbour laws commence operation and ipso facto laws pass into law

Introduction

Filed under:
Australia, Insolvency & Restructuring, The Commercial Bar Association of Victoria
Authors:
Stewart J Maiden
Location:
Australia
Firm:
The Commercial Bar Association of Victoria
Federal Court clarifies the scope of stays under the Model Law on Cross-Border Insolvency

In Suk v Hanjin Shipping Co Ltd [2016] FCA 1404, the Federal Court (a) provided guidance on how courts are to determine what stay arises upon recognition of foreign main proceedings under the Cross-Border Insolvency Act 2008; and (2) demonstrated that such recognition can cause maritime lien actions to be stayed.

Filed under:
Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Corporations Act 2001 (Australia), Federal Court of Australia
Authors:
Stewart J Maiden
Location:
Australia
Firm:
The Commercial Bar Association of Victoria