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Australia: Big trouble in small business restructuring

In brief

Australia, Capital Markets, Insolvency & Restructuring, Baker McKenzie
Australia: New Small Business Insolvency Reforms - How Statutory Demands will change from 1 January 2021

 

In brief

The new small business insolvency reforms enacted by the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (Corporations Amendment Act) - which inserts a new Part 5.3B into the Corporations Act 2001 (Cth) (Corporations Act) - are due to come into effect on 1 January 2021.

Australia, Capital Markets, Insolvency & Restructuring, Baker McKenzie, Coronavirus
Test for granting leave to sue court-appointed receiver

Introduction
'Frivolous or vexatious' test
'Strong prima facie case' test
Applying the same test for leave
Receiver's appointment and discharge orders
Comment

Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Vexatious litigation, Prima facie, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
Production of documents from court-appointed receivers

Introduction
Receivership and OSC proceeding
Production by court-appointed receivers
Not the right forum
Comment


Introduction

Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Ontario Securities Commission, Court of Appeal for Ontario
The Hollinger sealing order – using the <i>Sierra Club</i> test to protect settlement privilege

 

Introduction

Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Confidentiality, Interest, Discovery, Freedom of speech, Non-disclosure agreement, Right to a fair trial, KPMG, Trustee, Court of Appeal for Ontario