Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.
Australia, Queensland, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.
Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz
It’s been quite a week for important cases on TUPE and its operation in relation to administrations. The Court of Appeal has delivered two judgments which are of considerable importance for those contemplating and structuring transactions out of administration.
The key points to note are that:
United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Dechert LLP, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Court of Appeal of England & Wales