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    The Financial Report, March 09 2017, News from Asia and the Pacific
    2017-03-09

    Japan

    Report published on ensuring fair and timely disclosure of information to investors. The FSA announced that the Task Force on Fair Disclosure Rule of the Working Group on Financial Markets of the Financial System Council has published the “Report - Ensuring fair and timely disclosure of information to investors.” (3/3/2017)

    Hong Kong

    Filed under:
    Australia, Hong Kong, Japan, Singapore, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, DLA Piper, Corporate governance, Security (finance), Futures contract, Liquidator (law), Australian Securities and Investments Commission, Singapore Exchange
    Location:
    Australia, Hong Kong, Japan, Singapore
    Firm:
    DLA Piper
    "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
    The small business restructuring process - some thoughts and considerations
    2020-12-04

    Introduction

    Filed under:
    Australia, United Kingdom, USA, Capital Markets, Insolvency & Restructuring, DLA Piper, Corporate governance
    Location:
    Australia, United Kingdom, USA
    Firm:
    DLA Piper
    Pre-packs in Australia: where are we now?
    2016-11-14

    The use of pre-packs or pre-positioned asset sales in Australia has traditionally been limited. This is a result of impediments to such transactions under the Australian legislative insolvency regime.

    The interplay of these impeding factors means that there are few true pre-pack transactions in Australia. However, significant reform to the Australian insolvency regime is expected to be implemented in 2017. We wrote about the main aspects of that reform in our last article, `Australian insolvency law reforms aim to increase business restructuring opportunities'

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, DLA Piper
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    Schemes of Arrangement: Flexibility of the court to make order after the second court approval hearing to revive a Terminated Conditional Scheme
    2020-05-26

    On 22 May 2020, Justice Black of the Supreme Court of NSW issued judgment In the matter of Wollongong Coal Limited and In the matter of Jindal Steel & Power (Australia) Pty Ltd [2020] NSWSC 614. The judgment sets out his Honour’s reasoning for granting the orders sought in a largely unprecedented application to effectively ‘re-enliven’ two schemes of arrangement which automatically terminated prior to being completed.

    Filed under:
    Australia, United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, Australian Securities Exchange
    Authors:
    Amelia Kelly
    Location:
    Australia, United Kingdom
    Firm:
    DLA Piper
    Australian insolvency law reforms aim to increase business restructuring opportunities
    2016-07-22

    The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017.

    The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility to achieve real turnaround of businesses in crisis.

    The proposed changes include:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, DLA Piper, Bankruptcy, Breach of contract, Start-up company, Board of directors, Entrepreneurship, Liquidation, Distressed securities
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    The Australian “Coronavirus Economic Response Package Omnibus Bill 2020”
    2020-03-23

    The Australian Government has passed the "Coronavirus Economic Response Package Omnibus Bill 2020". The new legislation was announced on Sunday 22 March 2020 and was fast tracked through parliament as part of the Australian Government's response to the economic impact of COVID-19.

    Filed under:
    Australia, Insolvency & Restructuring, DLA Piper, Coronavirus
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    Can a bankrupt maintain legal action on a TPD claim?
    2016-07-15

    In Berryman v Zurich Australia Ltd [2016] WASC 196, the Supreme Court of Western Australia held a bankrupt, Berryman, was able to maintain legal action in his own name, claiming TPD insurance benefits from Zurich.

    The Bankruptcy Act 1966 (Cth) relevantly provides:

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, DLA Piper
    Location:
    Australia
    Firm:
    DLA Piper
    Global Insight - Issue 31, December 2019: A Saad compromise? Different interpretations of the model law promoting inconsistency in a law meant to remove it
    2019-12-20

    As the name suggests, the UNCITRAL Model Law on Cross-Border Insolvency 1997 (Model Law) seeks to address complexities caused where insolvencies cross borders, while leaving substantive insolvency laws of each country largely unaltered. However, as jurisdictions continue to adopt and interpret the Model Law, inconsistencies in its application are coming to light.

    Filed under:
    Australia, Global, USA, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Court of Justice of the European Union
    Authors:
    Amelia Kelly
    Location:
    Australia, Global, USA
    Firm:
    DLA Piper
    Attempted variation of a security for costs order
    2015-08-19

    In Austcorp Project Number 20 Pty Ltd v The Trust Co (PTAL) Limited, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (in liq) [2015] FCA 850, the Federal Court of Australia had to determine whether to dismiss the proceedings for failure to comply with previous orders for security for costs, or vary those orders for security. The basis upon which the Court made the orders for security in the first place is set out in Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd [2014] FCA 1371, and was canvassed in an ear

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    Australia
    Firm:
    DLA Piper

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