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
    Insolvency Insights: Disputed goods, PMSIs, liens and administrators
    2017-06-05

    Competing claims to goods are common where there is an unpaid seller with alleged retention of title, the supplier’s customer has gone into external administration and the goods are in the possession of a transport or warehouse provider. Thrown into the mix may be an administrator or liquidator demanding possession of the goods to sell them.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, Cooper Grace Ward, Title retention clause
    Authors:
    Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    To Have and to Hold
    2017-06-06

    The recent decision of the Supreme Court of Western Australia in Mighty River International Ltd v Hughes & Bredenkamp [2017] WASC 69 (Mighty River v Hughes) has confirmed the legality and the utility of ‘holding’ deeds of company arrangement (colloquially referred to as ‘Holding DOCAs’).

    Hold what?

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Sam Johnson
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Australia: Classes in a Creditors Scheme: Different Tranches, Different Treatment, Same Class
    2017-06-07

    Boart Longyear – the recent appeal decision

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidation
    Location:
    Australia
    Firm:
    Baker McKenzie
    Major decision on set-off and security interests in insolvency may lead to significant contractual change
    2017-06-07

    The limitations of set-off in a liquidation scenario and the nature and effect of a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) have been clarified, with significant ramifications for principals and financiers, who should now review their rights, following the WA Supreme Court's decision in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152 (Clayton Utz acted for the successful receivers).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Clayton Utz
    First in time, first in line? Does the order of registration of caveats determine the priority of competing unregistered charges?
    2017-06-09

    This week’s TGIF considers Bunnings Group Ltd v Hanson Construction Materials Pty Ltd & Anor [2017] WASC 132, where the Court considered whether the order of registration of caveats determined the priority of competing unregistered charges.

    BACKGROUND

    Bunnings and Hanson each supplied building materials to Capital Works prior to Capital Works’ liquidation by means of a creditors’ voluntary winding up.

    Creation of the charges

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    New South Wales Court of Appeal upholds Boart Longyear scheme classes decision
    2017-06-13

    In one of the most significant decisions relating to schemes of arrangement in Australia in recent years, the New South Wales Court of Appeal has dismissed an appeal challenging the composition of classes of creditors in the Boart Longyear restructuring.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Hogan Lovells, New South Wales Court of Appeal
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    Third party claims against insurers in NSW - farewell to the statutory charge
    2017-06-14

    On 1 June 2017 a new law came into effect in New South Wales relevant to liquidators’ rights to directly pursue the insurer of a proposed defendant, taking away significant uncertainty which existed previously because of antiquated provisions in a 1946 act relating to charges over and priorities to those insurance monies.

    The new law now provides greater certainty for liquidators in deciding whether to bring proceedings directly against the insurers of directors and officers or indeed of other third parties against whom the liquidators may have claims.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, Johnson Winter Slattery, Liquidator (law), New South Wales Court of Appeal
    Authors:
    Robert Johnston
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    What to Include in a Successful Application for Remuneration Approval
    2017-06-15

    Update on Liquidator remuneration post-Sakr1

    Key points summary

    Following the recent high-profile appeal decision2, the Supreme Court of New South Wales has now finalised the saga that was the review and approval of the remuneration of the Liquidator of Sakr Nominees.

    From that decision emerge several key points for insolvency professionals when considering their remuneration:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Baker McKenzie, Costs in English law, Dividends, Deed, Legal burden of proof, Liquidation, Remand (court procedure), Liquidator (law), Proportionality (law), Corporations Act 2001 (Australia), Court of Appeal of Singapore
    Authors:
    Heather Collins
    Location:
    Australia
    Firm:
    Baker McKenzie
    The Perils of Disregarding Due Process
    2017-06-01

    The Supreme Court of New South Wales recently considered section 420A of the Corporations Act2001 (Cth) (the Act) in the context of a Receiver selling secured property without first advertising and offering the property for sale by auction.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Duty of care, Corporations Act 2001 (Australia)
    Authors:
    Sam Johnson
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Classes in a Creditors Scheme - Different Tranches, Different Treatment, Same Class
    2017-06-01

    The proposed schemes of arrangement for certain creditors of Boart Longyear Limited (BLY) - following very recent decisions in New South Wales at trial and now appellate level - are significant for restructuring and distressed investing professionals transacting in Australia. In particular, those decisions explore the principles for separation of affected creditors into classes, and highlight that different treatment of creditors in the same class does not of itself lead to division of those differently treated creditors into separate classes.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Baker McKenzie, Default (finance), Secured loan
    Location:
    Australia
    Firm:
    Baker McKenzie

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 157
    • Page 158
    • Page 159
    • Page 160
    • Current page 161
    • Page 162
    • Page 163
    • Page 164
    • Page 165
    • …
    • 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