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    “All for one and one for all” : creditor successfully appoints SPLs to undertake tasks only it is willing to fund
    2017-03-10

    This week’s TGIF considers a decision of the Victorian Supreme Court which examined the merits of appointing special purpose liquidators in circumstances where a creditor was only willing to fund investigations if the appointment was made.

    What happened?

    In May and June 2016, two registered education and training organisations (together, the RTOs) were placed into liquidation.

    Filed under:
    Australia, Victoria, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Consideration, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Liquidators Remuneration - Time is an Idylic Solution
    2017-03-10

    The New South Wales Supreme Court of Appeal's decision in Sanderson as Liquidator of Sakr Nominees [1] has given cause for optimism amongst insolvency practitioners. The decision confirms that the correct approach was taken by the Court inIdylic Solutions [2], bucking a trend in recent years of limiting or reducing practitioner remuneration by reference to a proportion of the funds recovered.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, K&L Gates LLP, Unsecured debt, Liquidation, Liquidator (law)
    Authors:
    Danielle A. Funston
    Location:
    Australia
    Firm:
    K&L Gates LLP
    Payroll tax considerations for restructuring and insolvency professionals
    2017-03-10

    WHO SHOULD READ THIS

    • Restructuring and insolvency professionals.

    THINGS YOU NEED TO KNOW

    • Understanding liabilities from a payroll tax perspective can be complex, particularly due to the broad nature of the grouping provisions.
    • Unless care is taken situations may arise where restructuring and insolvency professionals will be grouped with client entities, potentially exposing personal entities to joint and several liability for client entity debts.

    WHAT YOU NEED TO DO

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, McCullough Robertson, Payroll tax
    Location:
    Australia
    Firm:
    McCullough Robertson
    Liquidators’ Remuneration - Court of Appeal puts ad valorem in its place
    2017-03-14

    A spate of recent decisions approving liquidators’ remuneration on an ad valorembasis had caused some trepidation amongst insolvency practitioners facing the prospect of court fee approval.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, New South Wales Supreme Court
    Authors:
    Eve Thomson
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    New Australian liquidator and trustee claim assignment provisions commence today
    2017-03-01

    Today, certain provisions of the Insolvency Law Reform Act 2016 will take effect. Amongst these is s100-5 of the new Insolvency Practice Schedule (Corporations), which will be included as a schedule to the Corporations Act 2001. The same provision (with identical numbering) is contained in the Insolvency Practice Schedule (Bankruptcy), which is a schedule to the Bankruptcy Act 1966.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Vannin Capital PCC, Consideration, Corporations Act 2001 (Australia)
    Authors:
    Tom McDonald
    Location:
    Australia
    Firm:
    Vannin Capital PCC
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Law Department Management, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Prudential Regulatory Authority (UK), General counsel, Duty of care, Defined benefit pension plan, Contract for difference, European Commission, Securities and Futures Commission (Hong Kong), Fair Work Commission (Australia)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Forge and the $44m fail
    2017-03-01

    A recent decision of the New South Wales Court of Appeal serves as a timely reminder of the costly consequences of failing to register a PPSR security interest in leased goods.

    Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] NSWCA 8

    In March 2013 General Electric International Inc (GE), the appellant’s predecessor in title, agreed to lease turbines to Forge Group Power Pty Ltd (Forge Group).

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, General Electric
    Authors:
    Raini Zambelli
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    "Loan to own" strategies in Australia
    2017-03-06

    The increase in the availability of alternate capital in Australia over the past decade has provided a landscape for well-tested global restructuring techniques to be applied locally. This includes 'loan to own' strategies.

    Filed under:
    Australia, Insolvency & Restructuring, DLA Piper
    Authors:
    Macaire Bromley
    Location:
    Australia
    Firm:
    DLA Piper
    Oops! Another PPSR disaster - OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21
    2017-02-09

    Introduction

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, MinterEllison, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    MinterEllison
    High Court rejects Clive Palmer’s constitutional challenge to liquidator’s power: when is a matter a matter?
    2017-02-09

    In November 2016, the High Court of Australia heard a challenge brought by Clive Palmer in respect of the constitutional validity of the power of a liquidator to examine a former director of a company before the court. At the conclusion of that hearing, Kiefel J, as her Honour then was, stated that the Court was unanimously of the view that the challenge had failed and that reasons would be published later. Yesterday the High Court published those reasons.

    The proceedings

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McCabe Curwood, Liquidator (law), High Court of Australia
    Authors:
    Andrew Lacey , Luke Dominish
    Location:
    Australia
    Firm:
    McCabe Curwood

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