A recent Full Court decision is a win for directors who hold D&O insurance policies, as well as those seeking to bring proceedings against directors of an insolvent company – probably to the dismay of insurers.
Australia, United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Financial Conduct Authority (UK)
The Kaboko judgment brings comfort to directors who hold D&O insurance policies, or those seeking to bring proceedings against directors of an insolvent company, provided the claim is not based in whole or in part on the company's insolvency.
Australia, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Liability insurance, Corporations Act 2001 (Australia)
The Australian Government is proposing to constrain certain "ipso facto" clauses ‒ a move which could make flip clauses void. The closing date for submissions is Friday 27 May 2016.
How would changes to ipso facto clauses affect securitisation?