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    No fiduciary obligation to a former trustee
    2025-04-17

    This week’s TGIF considers a recent decision of the High Court of Australia, in which a 4:3 majority held that a former trustee is not owed any fiduciary obligation by a successor trustee.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Corrs Chambers Westgarth
    Authors:
    Craig Ensor
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Proof that the ASIC Companies Register needs stronger security measures to combat cyber fraud
    1969-12-31
    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Cordato Partners, Liquidation, Australian Taxation Office, Australian Securities and Investments Commission, Federal Court of Australia
    Authors:
    Anthony J Cordato
    Firm:
    Cordato Partners
    Federal Court grants one-year ‘shelf order’ to allow another company’s liquidator to investigate
    2025-04-04

    The Federal Court in Brereton, in the matter of ICT Century Pty Ltd (In Liquidation) [2025] FCA 107 granted the liquidators of ICT Century Pty Ltd (in liquidation) (ICT) a one-year ‘shelf order’, or an extension of time to bring voidable transaction claims under section 588FF(1) of the Corporations Act 2001 (Cth).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Small business restructurings - the good and the not-so-good
    2025-03-03

    Small business restructurings (SBR), which allow companies with less than $1 million in liabilities (other than employee entitlements) to restructure their unsecured debts, are increasing in popularity. SBRs now amount to about 25 per cent of all monthly company insolvencies, and outnumber voluntary administrations.

    In this article, from knowledge gained in advising small business restructuring practitioners, and from wider industry commentary, we discuss some of the good, and not so good, aspects of the SBR regime.

    The good

    Filed under:
    Australia, Insolvency & Restructuring, Hall & Wilcox, Australian Taxation Office
    Authors:
    Scott Butler
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Small business restructuring: don’t let a crisis go to waste
    2025-02-25

    After a couple of years where uptake was slow, the small business restructuring (SBR) regime, which came into effect 1 January 2021, has well and truly cemented itself as the favoured debt restructuring process for companies with less than $1 million in liabilities (other than employee entitlements). There are now more SBRs per month than voluntary administrations, and represent around 25 per cent of all new corporate insolvencies.

    Filed under:
    Australia, Insolvency & Restructuring, Hall & Wilcox, Australian Taxation Office
    Authors:
    Scott Butler
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Ashurst Restructuring Roundup
    2025-02-07

    Terminating DoCA's (Part 3) – Administrators' Casting Vote

    Commissioner of State Revenue v McCabe (No. 2) [2024] FCA 662 ("McCabe")

    IMO Academy Construction & Development Pty Limited [2024] NSWSC 808 ("Academy Construction")

    Summary

    Where there is a deadlock between the majority in value of creditors and those creditors with a majority in number on the vote for a DoCA, the administrator has a casting vote.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Richard Fisher , Alinta Kemeny , Bernie Walrut , Camilla Clemente , Emanuel Poulos , James Marshall , Jason Salman , Michael Sloan , Ross McClymont , Richard Johnson
    Location:
    Australia
    Firm:
    Ashurst
    Revisiting the Model Law recognition of a Chapter 11 bankruptcy in Australia
    2025-01-30

    The decision in York, in the matter of Exactech, Inc [2024] FCA 1522 reaffirms the scope to recognise a US chapter 11 bankruptcy in Australia as a foreign main proceeding [1] and demonstrates the importance of interim stay orders in protecting the assets of debtors and the interests of creditors until the final determination of the recognition application.

    Filed under:
    Australia, France, Global, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy
    Authors:
    Maria O'Brien
    Location:
    Australia, France, Global
    Firm:
    Clayton Utz
    Termination of unfair and prejudicial DOCAs
    2025-01-29

    Discriminating DOCAs: when the courts will terminate a deed of company arrangement that seeks to discriminate against particular creditors.

    With rising levels of corporate insolvencies, it is no surprise that the use of the voluntary administration regime for the purposes of putting forward a deed of company arrangement (DOCA) has increased. DOCAs have proven to be a time and cost-effective tool to recapitalise or restructure a distressed business.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, McCullough Robertson, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Chris Barr , Rob Dickfos
    Location:
    Australia
    Firm:
    McCullough Robertson
    Court upholds service at an unattended office
    2025-01-23

    The Federal Court of Australia has recently delivered judgment in the case of Deputy Commissioner of Taxation v ACN 152 259 839 Pty Ltd [2024] FCA 1489. The Court held that in some circumstances, a statutory demand can be validly served on a perceived temporarily empty company office.

    On 20 May 2024, an ATO officer purported to serve ACN 152 259 839 Pty Ltd (the Company) with a statutory demand and an accompanying affidavit by leaving the documents at the Company’s registered office.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Ashurst Restructuring Roundup
    2024-12-16

    Terminating DoCA's (Part 2) – Unfair Prejudice or Injustice

    Canstruct Pty Limited v Project Sea Dragon Pty Limited (No. 4) [2024] FCA 112 ("Canstruct")1

    Commissioner of State Revenue v McCabe (No. 2) [2024] FCA 662 ("McCabe")

    Academy Construction & Development Pty Limited [2024] NSWSC 808 ("Academy Construction")

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ashurst, Corporations Act 2001 (Australia)
    Authors:
    Richard Fisher , Alinta Kemeny , Bernie Walrut , Camilla Clemente , Emanuel Poulos , James Marshall , Jason Salman , Michael Sloan , Ross McClymont , Richard Johnson
    Location:
    Australia
    Firm:
    Ashurst

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