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
    Ipso Facto, safe harbour and other insolvency protections you should know about post-COVID
    2020-06-09

    Ipso Facto is the sort of phrase people throw around when they're trying to sound more lawyery, but it's also the name of a regime that operates and affects your contractual rights when one of your contracting parties becomes insolvent.

    Filed under:
    Australia, Insolvency & Restructuring, MARQUE Lawyers, Force majeure
    Authors:
    Kim Middleton , Molly Jackson
    Location:
    Australia
    Firm:
    MARQUE Lawyers
    Australia: COVID-19 - Will arbitration proceedings continue if a party becomes insolvent?
    2020-06-08

    Even with the fiscal stimulus and other measures taken by the Federal and State governments in Australia, corporate insolvencies are likely to increase in coming months.

    Under Australia’s insolvency regimes, a distressed company may be subject to voluntary administration, creditor’s voluntary winding up or court ordered winding up (collectively, an external administration). Each of these processes raises different issues for the commencement and continuation of court and arbitration proceedings.

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Baker McKenzie, Coronavirus
    Authors:
    Joachim (Jo) Delaney , Heather Sandell
    Location:
    Australia
    Firm:
    Baker McKenzie
    Unfair preference claims: the ongoing controversy regarding a section 553C set-off to reduce liability
    2020-06-05

    It is unresolved whether a creditor can rely upon a section 553C set-off under the Corporations Act 2001 (Cth) to reduce an unfair preference claim. Until the controversy is resolved by a binding court decision, liquidators and creditors will continue to adopt opposing positions.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Cooper Grace Ward
    Authors:
    Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    TGIF 12 June 2020: A sale in the face of a security - Court grants leave for administrators to sell secured property
    2020-06-05

    This week’s TGIF considers the decision in McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed)[2020] FCA 666, where the Court granted leave for administrators to sell assets in which third parties claimed ownership or security interests, after determining that those interests were adequately protected.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 5 June 2020: There is no voidance in delay: liquidator’s request for extension of time to bring voidable transaction proceedings refused
    2020-06-05

    This week’s TGIF considers the decision of In the matter ofCohalan & Mitchell Roofing (in liquidation)[2020] VSC 222, where the Supreme Court of Victoria refused to grant an extension of time for filing voidable transaction proceedings.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Debt forgiveness in a COVID-19 environment
    2020-06-04

    The COVID-19 restrictions are slowly easing but the economic impacts are far from over. While businesses struggle to find ways to free up cash, it is likely we will see restructuring of loans and waiving of debts.

    Taxpayers and their advisors need to be aware of the taxation implications of restructuring and forgiving loans, including the Commercial Debt Forgiveness (CDF) rules, Division 7A and the CGT rules.

    Key takeaway

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Bad debts deductions - what you need to know
    2020-06-04

    COVID-19 has had a debilitating effect on many sectors of the economy and unfortunately, the coming 12 months will see more businesses in financial distress and an uptick in business insolvency.

    In such an environment, the commercial reality is that many businesses will be owed debts that will not be paid in full or at all. For many businesses, this could spell disaster. For this reason, debtor management is crucial in the present environment.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Directors beware - companies can pierce the corporate veil
    2020-06-04

    As we know, the Federal Government has implemented a package of changes to Australian insolvency and bankruptcy laws to provide relief from the economic impacts of COVID-19.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Navigating voluntary administration: Eight key considerations for landlords of insolvent tenants
    2020-06-03

    In an economic climate where the risk of insolvency is high, it is paramount to that creditors are prepared for debtors going into administration. Participation as a creditor does not have to be passive. The ability to understand and protect your own interests, can be enhanced with knowledge and early action.

    In this article, we pinpoint eight key considerations landlords should be mindful of when dealing with the administration process, and outline key action items from day one.

    Key considerations

    Filed under:
    Australia, Insolvency & Restructuring, Public, Holding Redlich, Landlord, Coronavirus
    Authors:
    Chris Brodrick
    Location:
    Australia
    Firm:
    Holding Redlich
    Proofs of debt: how to manage voidable transaction and related party claims
    2020-06-03

    In the liquidation of corporate groups it is not uncommon for liquidators to be confronted by inter-company claims, including a multitude of potentially voidable transactions. Adjudicating on proofs of debt from related parties can be complicated, particularly where the liquidator is appointed to both parties.

    After two recent judgments, liquidators should be aware that:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Maddocks
    Authors:
    Sam Kingston
    Location:
    Australia
    Firm:
    Maddocks

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 109
    • Page 110
    • Page 111
    • Page 112
    • Current page 113
    • Page 114
    • Page 115
    • Page 116
    • Page 117
    • …
    • 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