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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
In case of emergency: Using emergency power provisions to appoint a voluntary administrator

When a company becomes financially distressed, directors are often required to act quickly and decisively. However, directors may at the same time find themselves held back by the requirements of the Corporations Act 2001 (Cth) (the “Corporations Act”) or their company constitution.

Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporate governance, Corporations Act 2001 (Australia)
Restructuring and Insolvency in Australia - The Restructuring Review 2022

This 2022 review provides an overview of recent Australian Restructuring and Insolvency activity along with the laws, their application and recent trends and development in restructuring and insolvency activity.

Chapters:

Australia, Banking, Insolvency & Restructuring, Projects & Procurement, Gilbert + Tobin, Supply chain, Coronavirus, Insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia), Companies Act 2006 (UK)