金杜合伙人苏萌律师应联合国国际贸易法委员会（UNCITRAL）邀请作为碳交易及金融领域专家，于2024年1月31日和2月1日参加在维也纳举行的联合国贸易法委员会（UNCITRAL）专家组与国际统一私法协会（UNIDROIT）工作组关于自愿碳信用（VCC）法律性质的联席会议[1]。在联席会议上，苏律师就工作报告内容参与讨论并发表观点，并就中国自愿碳市场发展状况对研究报告做出修订和补充。

This week’s TGIF considers a recent case where the Supreme Court of Queensland rejected a director’s application to access an executory contract of sale entered into by receivers and managers on the basis it was not a ‘financial record’

Key Takeaways

This week’s TGIF looks at the decision of the Federal Court of Australia in Donoghue v Russells (A Firm)[2021] FCA 798 in which Mr Donoghue appealed a decision to make a sequestration order which was premised on him ‘carrying on business in Australia' for the purpose of section 43(1)(b)(iii) of the Bankruptcy Act 1966 (Cth) (Act).

Key Takeaways

This week’s TGIF considers an application to the Federal Court for the private hearing of a public examination where separate criminal proceedings were also on foot.

Key takeaways

This week’s TGIF looks at a recent decision of the Victorian Supreme Court, where a winding up application was adjourned to allow the debtor company to pursue restructuring under the recently introduced small business restructuring reforms.

Key takeaways

受OPEC与俄罗斯减产谈判进展及后续措施影响，3月9日开市以来原油价格强劲下行，连带其他相关大宗商品价格以同样惊人的幅度大幅下跌，朋友圈纷纷感叹“活久见”。2020年初的黑天鹅接踵而至，很难判断下一站的走势到底在哪，也难判断对国内期货等金融市场的传导究竟会到何种程度。在这个价格剧烈波动的日子，人们耳边又回响起华尔街故老相传的”Bulls make money, bears make money, pigs get slaughtered” 的残酷谚语。在目前中国境内证券期货市场中，和做空手段相对有限的股票市场相比，期货市场天然的多头-空头交易机制可以更直观的展现这句话的涵义。

1、当我们在谈论“强行平仓”和“三板强平”时，我在谈些什么？

期货交易的亏损并不仅指强行平仓带来的损失，但是面对如此惊人的市场变化，“爆仓”、“强行平仓”和“三板强平”这类期货术语或行话还是最让人屏住呼吸的字眼。与肾上腺素飙升，杀伐决断的Trader们以及或焦虑或欣慰的相关企业的关注点不同，作为律师的我们，视线停在了这些期货术语或行话背后的基础法律关系上。从机制本身出发：

This week’s TGIF takes a look at the recent case of Mills Oakley (a partnership) v Asset HQ Australia Pty Ltd [2019] VSC 98, where the Supreme Court of Victoria found the statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand due to a typographical error in the postal address.

What happened?

This week’s TGIF examines a decision of the Victorian Supreme Court which found that several proofs had been wrongly admitted or rejected, and had correct decisions been made, the company would not have been put into liquidation.

BACKGROUND

This week’s TGIF considers a recent Federal Court decision which validated dispositions of property made by a company after the winding up began.

WHAT HAPPENED?

On 8 May 2017, Bond J ordered that a coal exploration company (the Company) be wound up on just and equitable grounds following a shareholder oppression claim. So as to avoid the consequences of a liquidation, his Honour immediately stayed that order for a period of 7 days to enable the warring parties a final chance to resolve their differences.

This week’s TGIF considers Re Broens Pty Limited (in liq) [2018] NSWSC 1747, in which a liquidator was held to be justified in making distributions to creditors in spite of several claims by employees for long service leave entitlements.

What happened?

On 19 December 2016, voluntary administrators were appointed to Broens Pty Limited (the Company). The Company supplied machinery & services to manufacturers in aerospace, rail, defence and mining industries.