Co-author: Ben  Gibson, Barrister, Victorian Bar

Case Name:Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2

Issues: Voidable transactions and unfair preferences: abolition of the peak indebtedness rule, the existence of a continuing business relationship.

The abolition of the peak indebtedness rule will likely reduce the quantum of unfair preference claims where there is a running account and render some claims unviable for further pursuit.

FTX Trading Ltd. ("FTX") and its affiliates (collectively, "FTX Group"), which operated one of the largest crypto-asset exchanges in the world through the FTX.com platform, filed for Chapter 11 in the United States on November 11 last year.

Introduction for Insolvency & Restructuring Case Summaries 2021-2022 It gives us great pleasure to introduce our Insolvency & Restructuring Case Summaries 2021-2022.

This is the first year that we have published a collated version of the Case Summaries in addition to our regular insolvency InFocus updates. The Case Summaries have been produced in response to feedback that this would be a useful resource.

The high-profile Chapter 11 case of the FTX Trading group involves its Japanese affiliates including FTX Japan, which operated a registered cryptocurrency exchange in Japan and has been ordered by the Financial Services Agency of Japan to suspend its business upon the filing for Chapter 11. Recently, a motion was made for entry of orders approving, among other things, the group to sell FTX Japan's business through so-called “363 sale”.

Restructuring & Insolvency Newsletter

December 2022 (Vol.1)

The first case in Japanese history where the debtor used simplified rehabilitation proceedings as a tool to "cram down"

minority lenders

I. Introduction II. Overview of the procedures used

- Turnaround ADR and simplified rehabilitation proceedings

III. Marelli case IV. Expected future developments

Mori Hamada & Matsumoto

In significant news for the insolvency industry, the High Court will hear the long-awaited Gunns Group preference claim appeal in Bryant & Ors v Badenoch Integrated Logging (A10/2022) on 18 October 2022.

Johnson Winter & Slattery act for PwC, the appellant liquidators of the Gunns group, in the proceeding.

Briefly stated, the grounds for the appeal are:

平素は格別のご高配を賜り、厚く御礼申し上げます。 このたび、森・濱田松本法律事務所では、各分野の近時のリーガルニュースを集めて、 Client Alert 2022 年 9 月号（Vol.105）を作成いたしました。実務における一助となれば 幸いに存じます。

In its recent judgment in Re Jabiru[1], the Supreme Court of New South Wales applied principles governing the appointment of Special Purpose Liquidators (SPL) in rejecting the Plaintiffs’ application for a SPL to be appointed to pursue claims against secured lenders.

In a recent Supreme Court of Victoria decision[1] in which we acted for the successful liquidators, the Court made various orders to enable the company to complete an ultra-efficient, streamlined second voluntary administration to expedite creditor consideration of a new DOCA proposal.

Key points

The recent Federal Court decision in Diversa Pty Ltd v Taiping Trustees Limited has highlighted some important risks faced by secured parties who don’t pay attention to the details when perfecting, and maintaining perfection of, their security.

The recent Federal Court decision in Diversa Pty Ltd v Taiping Trustees Limited has highlighted some important risks faced by secured parties who don’t pay attention to the details when perfecting, and maintaining perfection of, their security. Those risks include: