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
    Restructuring reform on the agenda in Australia
    2024-08-15

    Chris Pearce, Blackwall Legal LLP

    This is an extract from the 2025 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

    This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

    In summary

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Global Restructuring Review, UNCITRAL, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Global Restructuring Review
    When proving unfair preference claims can be unfair for liquidators
    2024-08-12

    In a recent decision by the Supreme Court of New South Wales regarding unfair preference claims - In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525 – Justice Black provides guidance to liquidators on what is required to recover payments made to a third party on behalf of an insolvent company as unfair preferences.

    In particular, the case highlighted that a liquidator has the burden of proof to show that:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Russell Kennedy, Liquidation, Insolvency, New South Wales Supreme Court
    Authors:
    Walter MacCallum , Ben Dabscheck
    Location:
    Australia
    Firm:
    Russell Kennedy
    Ashurst Restructuring Roundup
    2024-05-02

    DoCA's: What Claims can be Released?

    PK Riddell Investments Pty Ltd v Upwards Up And Gone Pty Ltd [2024] VSC 159 ("Riddell Investments")

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Richard Fisher , Emanuel Poulos
    Location:
    Australia
    Firm:
    Ashurst
    The extent of, and the limits to, the definition of ‘Secured Property’
    2024-05-02

    In the decision in Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449, handed down this week (1 May 2024) by Feutrill J, the Federal Court of Australia considered the meaning of ‘Secured Property ‘as defined in a specific security deed and the extent to which phrases such as ‘…in respect of’ could expand the types of collateral the subject of that defined term (and hence the collateral the subject of the specific security d

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Insolvency
    Authors:
    Orla McCoy , Tom Gardner , Dom McGreal , Anna Schwartz
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Restructuring and downsizing - tips and traps
    2024-03-21

    For most businesses, a decision to undertake an organisational change can mean a reduction in operational costs, a reduction in roles, an increase in efficiencies and streamlined decision-making. However, the announcement of a restructure can often leave staff of all levels feeling tense and uncertain. Effectively navigating organisational change is not something that happens by chance, it requires a clear plan, effective communication and a recognition of risks.

    This article will help employers plan for organisational change, identify risks and manage communication.

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Gadens, Unfair dismissal, Fair Work Act 2009 (Australia)
    Authors:
    Erin Lynch
    Location:
    Australia
    Firm:
    Gadens
    What doomsday prepper and opportunist Boards should both know about distress
    2024-03-22

    Unless you’ve been living under a rock, you’ll know that commodity prices are in the doldrums and that the outlook in the near term is not particularly positive. How should Boards prepare? Combine that with current inflation, interest rate and other cost of living pressures that continue to dominate public discourse and you can understand why many Boards and executives in the resources sector are having some sleepless nights. FY24 is also on track to have more insolvencies than FY23. By December FY24 insolvency activity was up 33.79% on the same time in FY23.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Insolvency, Australian Securities Exchange
    Authors:
    Jack Hill , Amanda Isouard , Samantha Kinsey
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Ashurst Restructuring Roundup
    2024-03-22

    DoCA’s: Discriminating between Creditors -Is it for a Proper Purpose

    Canstruct Pty Limited v Project Sea Dragon Pty Limited (No. 4) [2024] FCA 112 ("Canstruct")

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Richard Fisher
    Location:
    Australia
    Firm:
    Ashurst
    To Be or Not to Be (Solvent) - A Comparative Analysis of Singapore, UK, US, and Australia on Recognising Foreign Proceedings under the UNCITRAL Model Law
    2024-04-02

    TO BE OR NOT TO BE (SOLVENT) - A COMPARATIVE ANALYSIS OF SINGAPORE, UK, US, AND AUSTRALIA ON RECOGNISING FOREIGN PROCEEDINGS UNDER THE UNCITRAL MODEL LAW PIERRE DZAKPASU, ANNE JESUDASON, FLORENCE LI The recent case of Ascentra Holdings, Inc v. SPGK Pte Ltd [2023] SGCA 32 (Ascentra) has drawn a line in the sand in the Singapore court's interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (UNCITRAL Model Law), as incorporated in the Third Schedule of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) to create the Singapore Model Law.

    Filed under:
    Australia, Global, Singapore, United Kingdom, USA, Insolvency & Restructuring, Litigation, Mayer Brown, Cross-border insolvency, UNCITRAL, Singapore High Court
    Location:
    Australia, Global, Singapore, United Kingdom, USA
    Firm:
    Mayer Brown
    Arrium: Dire consequences of delay in serving proceedings
    2024-04-04

    Legal proceedings need to be filed before the end of any relevant limitation period, otherwise they will be time-barred — often irreparably. There are various reasons why a person may delay commencing proceedings – for example, they may be waiting on litigation funding before prosecuting their claim or need more time to gather evidence in order to decide whether to proceed.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporations Act 2001 (Australia)
    Authors:
    Peter Bowden , Orla McCoy , Anna Schwartz , Tom Gardner
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    The long awaited domestic building insurance shake up is here
    2024-04-09

    The Porter Davis liquidation in early 2023 put into sharp focus the practice of some builders taking deposits from owners before obtaining domestic building insurance for their work, insurance that helps to protect owners in the event of a builder’s insolvency.

    In the case of Porter Davis, this practice left thousands of owners without insurance to recover the loss of their deposits, leading the State Government to implement a relief scheme to compensate home owners over $28 million, later extended to 20 February 2024 and expanded to other builders in liquidation.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Insurance, Real Estate, Kalus Kenny Intelex, Insurance policy, Insolvency
    Authors:
    Peter Lettieri , Chenzi Dong
    Location:
    Australia
    Firm:
    Kalus Kenny Intelex

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Current page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • 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