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    Termination of contracts on appointment of administrators
    2017-05-05

    It is common practice for company contracts to contain clauses, known as “ipso facto” clauses, which terminate or amend the contract (e.g. by accelerating payments) merely because a company has entered into a formal insolvency process.

    Filed under:
    Australia, Insolvency & Restructuring, HopgoodGanim, Liquidation
    Location:
    Australia
    Firm:
    HopgoodGanim
    PPSR registration - Route [1]66 now closed
    2017-05-10

    The New South Wales Supreme Court has found that a secured party cannot rely on its own mistake when registering on the Personal Property Securities Register (PPSR) to claim that the defective registration “temporarily perfects” its security interest.

    The facts

    Filed under:
    Australia, New South Wales, Capital Markets, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Security (finance), Personal property
    Authors:
    Craig Wappett
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Liquidators’ disclaimer power not fail-safe
    2017-05-12

    This week’s TGIF considers Linc Energy Ltd (in Liq) v Chief Executive Dept of Environment & Heritage Protection [2017] QSC 53, in which the Queensland Supreme Court directed that the liquidators of Linc Energy were not justified in causing it to fail to comply with an environmental protection order

    BACKGROUND

    Filed under:
    Australia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Environmental protection, Interest, Liability (financial accounting), Liquidator (law), US Environmental Protection Agency, Corporations Act 2001 (Australia), Environmental Protection Act 1990 (UK), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    High Court decides that enforcement in a foreign jurisdiction cannot be effected against an Australian bankrupt
    2017-05-15

    Earlier this month, the High Court of Australia unanimously decided that a judgment creditor cannot apply for a certificate to effect enforcement overseas in circumstances where the judgment debtor is bankrupt.

    The Background of the Case

    In March 1992, several properties in central Prague, which had been seized by and vested in the state of Czechoslovakia after World War Two, were restored to one Jan Emil (the son of the owners of the properties), who resided in Melbourne, Australia.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, High Court of Australia
    Authors:
    Andrew Stephenson
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Bankruptcy & Superannuation - 3 Critical Questions
    2017-05-18

    For many Australians superannuation can be an individual’s largest asset, the feeling of losing it when filing for bankruptcy is a very authentic concern for most of our clients. With certain components of the economy doing considerably well and other components enduring difficult economic times, bankruptcy numbers in Australia still continue to increase. Economists don’t speak about Australia’s two-speed economy much anymore, but it definitely still is two-speed.

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Bankruptcy Experts, Bankruptcy
    Location:
    Australia
    Firm:
    Bankruptcy Experts
    Not Easy Being Green: Insolvency Practitioners on Further Notice of Personal Liability for Environmental Obligations
    2017-04-18

    Liquidators, administrators and receivers in Queensland are on notice that they may face serious personal consequences if they fail to cause companies to which they are appointed to comply with Environmental Protection Orders (EPOs).

    Re Linc Energy Limited (In Liquidation) [2017] QSC 53 (13 April 2017) has determined that liquidators may not be able to escape obligations under an EPO by issuing a disclaimer notice.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidator (law), Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Ian Innes , Lauren Kirkwood
    Location:
    Australia
    Firm:
    Baker McKenzie
    Linc Energy Limited (In Liquidation): Liquidators obliged to give State environmental laws priority despite disclaimer
    2017-04-19

    The Supreme Court of Queensland has delivered a significant judgement concerning the obligations of liquidators to cause an insolvent company to incur the costs of complying with State environmental laws, in priority to other unsecured creditors.

    On instructions from the liquidators of Linc (Stephen Longley, Grant Sparks and Martin Ford of PPB Advisory) JWS made an application for directions in respect of both the liquidators’ and Linc’s environmental obligations in Queensland.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Environmental Protection Act 1990 (UK), Queensland Supreme Court
    Authors:
    David Proudman , Dougal Ross
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Dealing with Statutory Demands
    2017-04-27

    The statutory demand process is widely used by companies wishing to secure prompt payment of debts owing by companies registered in Australia. This article will look at a company's options for dealing with a statutory demand.

    What is a statutory demand?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Option (finance), Debt, Liquidation, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    Options and Risks: Extending time for commencing or serving proceedings
    2017-04-05

    There are a number of reasons why liquidators might want to slow things down when it comes to commencing or prosecuting proceedings. A liquidator might want more time to fully investigate certain claims or secure appropriate funding before incurring substantial costs or adverse costs exposure. While there are options available to liquidators looking to delay either the commencement or service of a particular proceeding, each comes with its own risks.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Not so perfect solution - Court relief sought to avoid automatic vesting
    2017-04-07

    This week’s TGIF considers a recent Federal Court decision in which relief was sought under section 588FM of the Corporations Act to ensure a security interest perfected after the ‘critical time’ did not automatically vest.

    What happened?

    On 7 April 2016, administrators were appointed to OneSteel. OneSteel, a member of the Arrium Group of Companies, subsequently entered into a deed of company arrangement.

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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