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    “Ipso Facto” regulations and M&A transactions
    2018-07-10

    Following recent changes to the Corporations Act 2001 (Cth), parties to a contract may be unable to rely on a contractual right to terminate or modify the operation of a contract on the occurrence of certain insolvency-related events of a counterparty to the contract (commonly known as an “ipso facto” provision).

    Filed under:
    Australia, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Holding Redlich, Corporations Act 2001 (Australia)
    Authors:
    Trent Taylor , Carl Hinze
    Location:
    Australia
    Firm:
    Holding Redlich
    Enforcement of “ipso facto” provisions on insolvency - are your contracts excluded from the new laws?
    2018-07-11

    In June we published our JMAlert that outlined how ipso facto reforms will affect commercial contracts entered into after 30 June 2018, click here to view the article.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Jackson McDonald
    Authors:
    Luke Paterson
    Location:
    Australia
    Firm:
    Jackson McDonald
    Hurry Up and Wait - Liquidator in holding pattern while Re Amerind decided
    2018-07-13

    This week’s TGIF considers In the matter of MJM(WA) Enterprises Pty Ltd (in liq) [2018] NSWSC 944, where the Court approved a liquidator’s remuneration but deferred decisions about trust distributions until after the Re Amerind litigation finishes.

    What happened?

    The company operated two barbershops in Perth as trustee for a family trust before liquidators were appointed in May 2017.

    Filed under:
    Australia, Victoria, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    An Overview of Enforcing Foreign Judgments in Australia
    2018-07-16

    Foreign judgments may be enforced in Australia under the Foreign Judgments Act 1991 or, if that Act does not apply, pursuant to common law principles.

    Registration and enforcement pursuant to the Foreign Judgments Act 1991

    Filed under:
    Australia, Insolvency & Restructuring, Bird & Bird LLP
    Authors:
    Sophie Dawson
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    Extensions of time for registration under PPSA
    2018-07-17

    Several decisions handed down in the Personal Property Securities Act 2009 (Cth) (PPSA) space have emphasised the importance of registering security interests within the legislative timeframes and also examined the discretionary factors courts will consider in their deliberations over whether extensions of time for registration of security interests should be granted.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Hall & Wilcox
    Authors:
    Alexandra Lane
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Safe harbour: A realignment of interests
    2018-07-17

    It was first published by the Governance Institute of Australia.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, King & Wood Mallesons, Board of directors
    Authors:
    Tony Troiani
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Insolvency shake-up to impact financiers
    2018-06-28

    Some of the most far-reaching Australian insolvency law changes are taking effect. These new laws will restrict the enforceability of a whole class of common clauses in contracts –so called 'ipso facto' clauses.

    In this edition of FINSights, we explore what these changes mean for financiers, and outline key tips and issues they should consider as we move forward into the new regime.

    What are ipso facto clauses?

    Filed under:
    Australia, Banking, Insolvency & Restructuring, MinterEllison
    Authors:
    Tony Berriman , Michael Hughes
    Location:
    Australia
    Firm:
    MinterEllison
    High Court confirms validity of Holding DOCAs
    2018-06-29

    This week’s TGIF considers the case ofMighty River International Ltd v Hughes, where the High Court upheld the validity of Holding DOCAs.

    Case history

    This case concerned the validity of a deed of company arrangement (DOCA) between Mesa Minerals Ltd (Mesa) and its creditors.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Corrs Chambers Westgarth, High Court of Justice (England & Wales), High Court of Australia
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Australia’s ipso facto reforms have serious consequences for IP agreements
    2018-07-02

    The Australian Federal Government's controversial ipso facto stay regime took effect on 1 July 2018.

    The regime affects the ability of a contractual party to exercise rights, such as termination rights, that are triggered by the counterparty becoming insolvent. The ipso facto stay applies to all new contracts that are not carved out under the regime.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Projects & Procurement, Davies Collison Cave
    Authors:
    Dr Gordon Hughes AM , Lachlan Sadler
    Location:
    Australia
    Firm:
    Davies Collison Cave
    "Ipso Facto" clause reforms in formal insolvency - Final exceptions from the stay now published
    2018-07-02

    Contracts, agreements, arrangements and rights to which the stay on enforcing ipso facto clauses does not apply; final Regulations and Declaration published

    The reform and its progress

    Filed under:
    Australia, Insolvency & Restructuring, Projects & Procurement, Baker McKenzie
    Authors:
    David Walter
    Location:
    Australia
    Firm:
    Baker McKenzie

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