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M&A in the City: Lessons from Basslink - the coalface of credit bids for infrastructure assets

Key Points:

Australia, Banking, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Foreign direct investment, Foreign Investment Review Board
Spotlight on: Safe Harbour

The perception of Australia as being a relatively “risky” place to sit on a Board has generally focused on the insolvent trading prohibition in section 588G of the Corporations Act 2001 (Cth) and how it interacts with general directors’ duties.[1]

Australia, Company & Commercial, Insolvency & Restructuring, Trade & Customs, King & Wood Mallesons, Board of directors
Safe Harbour - impact on directors' decision making

Overview

The perception of Australia as a relatively “risky” place to sit on a board, arises in no small part from the insolvent trading prohibition in section 588G of the Corporations Act 2001 (Cth) and how it interacts with general directors’ duties.[1]

Australia, Company & Commercial, Insolvency & Restructuring, King & Wood Mallesons, Corporations Act 2001 (Australia)
Supreme Court Provides Guidance on the Use of Structured Dismissals in Bankruptcy

The United States Supreme Court (the “Court”) recently issued a long-awaited decision in Czyzewski v. Jevic Holding Corp. (“Jevic”), which limits the use of “structured dismissals” in Chapter 11 bankruptcy cases, requiring structured dismissals pursuant to which final distributions are made to comply with the Bankruptcy Code’s priority scheme, or the consent of all affected parties to be obtained.1

What is a Structured Dismissal?

USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Supreme Court of the United States, United States bankruptcy court