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
    Judicial Guidance about "Perfection by Possession" under Australia's Personal Property Securities Act
    2017-09-15

    The Federal Court of Australia has provided judicial guidance about what constitutes taking possession by seizure under the Personal Property Securities Act 2009 (Cth) ("PPSA"). Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] FCA 866 indicates that a receiver taking possession of personal property in accordance with a valid security agreement will not perfect a security interest by way of possession.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Jones Day, Federal Court of Australia
    Authors:
    Lucas Wilk , Roger Dobson , Katie Higgins , Evan J. Sylwestrzak
    Location:
    Australia
    Firm:
    Jones Day
    Senate Economics Legislation Committee supports insolvency reforms
    2017-09-04

    The Senate Economics Legislation Committee has released a report (Report) regarding its inquiry into the provisions of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 (Bill) which amends:

    Filed under:
    Australia, Insolvency & Restructuring, Gilbert + Tobin, Corporations Act 2001 (Australia)
    Authors:
    Jessica van Rooy , Hiroshi Narushima
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Channel Ten, ‘Potential’ Administrators and Conflicts of Interest
    2017-09-05

    Does a potential administrator’s involvement in pre-administration contingency planning give rise to a conflict of interest, such that the potential administrator should be disqualified from accepting the formal appointment?

    Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 914

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Conflict of interest, Debt restructuring, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Australian Court of Appeal Approves Use of "Holding" Deed of Company Arrangement
    2017-09-07

    In Short

    The Situation: Frequently, the statutory moratorium period provided to voluntary administrators to restructure an insolvent company is too short to find a solution. Administrators often utilise "holding" deeds of company arrangement to extend the period of moratorium and "buy" time to investigate potential restructuring opportunities for the future of the company. A creditor recently challenged this industrywide practice by arguing that holding DOCAs are invalid.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Corporations Act 2001 (Australia)
    Authors:
    Lucas Wilk , Roger Dobson , Katie Higgins , Evan J. Sylwestrzak
    Location:
    Australia
    Firm:
    Jones Day
    Turns on the terms - when does a creditor suffer loss because of a company’s insolvency?
    2017-09-08

    This week’s TGIF considers whether a flexible payment arrangement between a subsidiary and its holding company creditor meant the parent suffered no loss on the insolvency of the subsidiary.

    What happened?

    On 17 August 2017, the West Australian Court of Appeal published its reasons in Perrine v Carrello [2017] WASCA 151 drawing a close to the long-running dispute between the Perrines and the liquidator (Liquidator) of their failed pod-home building company (PodCo).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Kirsty Sutherland , Mark Wilks , Matthew Critchley , Rachael King , Sam Delaney , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Quantifying Compensation for Insolvent Trading - The Latest from the WA Court of Appeal
    2017-09-11

    In a decision of importance for liquidators and litigation funders, the Western Australian Court of Appeal in Perrine v Carrello has further explained the important issue of how to determine the amount of compensation recoverable by liquidators where insolvent trading has occurred.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    David Walter
    Location:
    Australia
    Firm:
    Baker McKenzie
    Security for costs and property of the company - what’s available in the winding up?
    2017-08-11

    This week’s TGIF considers the decision of EH 2015 Pty Ltd (in liq) v Caratti (No 3) [2017] WASC 210 which concerned the rights of a liquidator to funds paid into court as security by a company which subsequently became insolvent.

    What happened?

    On 20 January 2016, a liquidator was appointed to a trustee company pursuant to an order of the Federal Court.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Corrs Chambers Westgarth, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Safe harbour - Now for the nitty gritty
    2017-08-15

    The innocuously named Treasury Laws Amendment (2017 Enterprise Incentives No 2) Bill 2017 (Cth) (the Bill) makes only a small number of amendments to the Corporations Act 2001 (Cth) insofar as the safe harbour reforms of Australia’s insolvent trading law are concerned.

    Filed under:
    Australia, Insolvency & Restructuring, Johnson Winter Slattery, Safe harbor (law), Corporations Act 2001 (Australia)
    Authors:
    Ben Renfrey
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    High Court rules on extent Bankruptcy Court can ‘go behind’ a Judgment Debt - Implications for Petitioning Creditors
    2017-08-18

    Key Points:

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Maddocks, Bankruptcy, Debt
    Authors:
    Marelda Hibberd , Michael Johns , David Newman
    Location:
    Australia
    Firm:
    Maddocks
    Open Season on Judgment Debts in Bankruptcy Proceedings
    2017-08-18

    In a decision of considerable concern to creditors1, the High Court has determined that a bankruptcy notice founded on a judgment debt is open to challenge on the basis that there is a “sufficient reason” for questioning the underlying debt – even if that judgment was the product of a fully contested trial in which both parties were legally represented, and was not procured by fraud or collusion.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Bankruptcy, Debt, High Court of Australia
    Authors:
    Wayne Kelcey , Adrian Lasky , Mark Petrucco
    Location:
    Australia
    Firm:
    Hall & Wilcox

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 154
    • Page 155
    • Page 156
    • Page 157
    • Current page 158
    • Page 159
    • Page 160
    • Page 161
    • Page 162
    • …
    • 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