Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Uncertainty of contract - the ‘safe harbour’ and corporate insolvency amendments
    2018-05-30

    Over a nine month period to July 2018, amendments to the Corporations Act come into force which significantly limit the ability of corporate parties to rely on an ‘insolvency event’ to modify or terminate their contracts entered into after that date.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Keypoint Law, Corporations Act 2001 (Australia)
    Authors:
    Allan McDougall
    Location:
    Australia
    Firm:
    Keypoint Law
    Disclaiming an insolvent company’s environmental obligations: the case of Linc Energy Ltd (in liquidation)
    2018-05-31

    In Longley v Chief Executive, Department of Environment and Heritage Protection [2018] QCA 32, the Queensland Court of Appeal has clarified the ability of liquidators to disclaim onerous property, including obligations that arise in respect of that property under State environmental legislation.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria
    Authors:
    Matthew Peckham
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Insolvent trading safe harbour and ipso facto reform exposure draft legislation and explanatory materials released
    2018-05-31

    On 28 March 2017, the Australian Government announced its proposals to reform the law relating to insolvent trading, and the right to terminate contracts based on insolvency ('ipso facto clauses'). MinterEllison made a detailed submission on the proposals which can be found here.

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, MinterEllison, Safe harbor (law)
    Authors:
    Michael Hughes
    Location:
    Australia
    Firm:
    MinterEllison
    Bad eggs - How a handful of contractors ruin construction
    2018-05-31

    While most Australians enter construction contracts with no issues whatsoever, there remain instances in which builders take advantage of consumers. For instance, we draw attention to the example of Tevita and Siosiana Ungounga’s (“the Ungoungas”) and theircompany, T & T Sandstone Construction Pty Ltd (“T & T Sandstone”), recently published by NSW Fair Trading.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, William Roberts Lawyers
    Authors:
    Carlos Jaramillo , Brian Silva , Jason Billings
    Location:
    Australia
    Firm:
    William Roberts Lawyers
    Australian Senate Committee endorses reduction from three years to a one year bankruptcy period
    2018-05-14

    The Senate Legal and Constitutional Affairs Legislation Committee has endorsed the passing of the Bankruptcy Amendment (Enterprise Incentives) Bill 2017 in its report dated 21 March 2018.

    The Bill will align the bankruptcy period in Australia with the United Kingdom. Under the Bankruptcy Act 1996, the period of bankruptcy (unless a successful objection is made) is three years. If passed, the Bill will reduce the period to one year.

    Key points to note are that:

    Filed under:
    Australia, Insolvency & Restructuring, Ashfords LLP
    Location:
    Australia
    Firm:
    Ashfords LLP
    When terminating for an insolvency event is no longer an option
    2018-05-15

    Following the implementation of the Safe Harbor protections introduced last September, new changes to the Corporations Act 2001 come into force on 1 July 2018, significantly limiting the ability of parties to rely on insolvency as a means to terminate a contract. These changes intend to help facilitate the restructure and turnaround of struggling companies and are being hailed by insolvency practitioners as a long overdue softening of existing insolvency laws.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Moulis Legal
    Location:
    Australia
    Firm:
    Moulis Legal
    Rectifying irregularities on the procedural balance sheet
    2018-05-17

    Foreign representatives may be required to pay security into court for their recognition applications under the Model Law on Cross Border Insolvency (Model Law). The measure is proposed to correct irregularities between proceedings conducted in multiple jurisdictions.

    Filed under:
    Australia, Insolvency & Restructuring, Holding Redlich, Federal Court of Australia
    Authors:
    Geoff Farnsworth
    Location:
    Australia
    Firm:
    Holding Redlich
    Payments for insolvent claimants - approach to Security of Payment rejected as "plainly wrong" by NSW Supreme Court
    2018-04-26

    A recent NSW Supreme Court decision has decided that an insolvent contractor can claim under Security of Payment legislation, rejecting Victorian Court of Appeal precedent as "plainly wrong". It might have significant ramifications for participants in the building and construction industry across Australia.

    In Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWSC 412, the NSW Supreme Court considered the extent to which Security of Payment (SOP) legislation can be relied upon by an insolvent contractor.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Litigation, Clayton Utz
    Authors:
    Jonathan McTigue , Sean Kelly , Katharine Kilroy
    Location:
    Australia
    Firm:
    Clayton Utz
    The limits of an insolvency practitioner’s equitable lien: intermeddlers beware
    2018-04-26

    The entitlement to recover remuneration and costs for work performed in conducting an external administration is an ever-present fundamental concern for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery
    Authors:
    Pravin Aathreya , Sara Gaertner
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Lien on me - administrators criticised for seeking directions after the fact
    2018-04-27

    This week’s TGIF considers the case of White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson in which administrators sought directions on whether they hold a lien over consignor property to secure an alleged levy.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Matthew Critchley , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 103
    • Page 104
    • Page 105
    • Page 106
    • Current page 107
    • Page 108
    • Page 109
    • Page 110
    • Page 111
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days