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    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
    Finance and Markets Global Insight - Issue 17, 2019: Creditors’ schemes of arrangement in Australia
    2019-10-25

    In brief...

    The use of creditors’ schemes of arrangement is on the rise in Australia. Along the way the Australian courts have made valuable contributions to international scheme jurisprudence. In this article we look at some of these contributions and then explore how Australian law might be further developed to remain a leading jurisdiction for creditors’ schemes.

    Advantages of schemes as a restructuring tool

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, DLA Piper, Creditors' rights, Corporations Act 2001 (Australia)
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    The Financial Report June 11, 2015 - news from Asia and the Pacific
    2015-06-11

    SFC released consultation conclusions on supervisory assistance. The Hong Kong Securities and Futures Commission (SFC) released consultation conclusions on proposed amendments to the Securities and Futures Ordinance (SFO). The amendments would provide assistance to regulators outside of Hong Kong upon request by making inquiries and obtaining certain records and documents from licensed corporations or their related corporations. The proposed supervisory assistance will be subject to both existing and new legislative safeguards.

    Filed under:
    Australia, China, Hong Kong, Japan, Singapore, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, DLA Piper, Securities and Futures Commission (Hong Kong), Monetary Authority of Singapore
    Location:
    Australia, China, Hong Kong, Japan, Singapore
    Firm:
    DLA Piper
    Clarity at last - priority of employee claims on insolvency of a corporate trustee
    2019-08-21

    An important decision[1] has been handed down by the High Court of Australia which relates to the order of payment of statutorily preferred debts out of trust property held by an insolvent corporate trustee.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, DLA Piper, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    DLA Piper
    Recovering domestic taxes and penalties on a pari passu basis before Australian assets are remitted to foreign liquidators
    2013-12-12

    A recent Federal Court of Australia decision has granted the Australian Commissioner of Taxation the right to recover, from a failed foreign company’s Australian assets, the pari passu amount the Commissioner would have been entitled to receive (on account of outstanding domestic tax and penalties) if he had been allowed to prove in the liquidation before the assets are remitted to the company’s foreign representatives (the liquidators). 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Liquidation, Liquidator (law), Commissioner of Taxation (Australia), Federal Court of Australia
    Authors:
    Amy Nolan
    Location:
    Australia
    Firm:
    DLA Piper
    Creditors' schemes of arrangement in Australia
    2019-06-26

    A key part of the international scheme landscape

    The use of creditors' schemes of arrangement is on the rise in Australia (as we discussed in our previous article - Update on Creditors Schemes of Arrangement in Australia). Along the way the Australian courts have made valuable contributions to international scheme jurisprudence. In this article we look at some of these contributions and then explore how Australian law might be further developed to remain a leading jurisdiction for creditors' schemes.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    Australia's corporate insolvency reforms: Ipso facto rules
    2018-07-20

    The Australian corporate insolvency regime is undergoing significant reform. A suite of new amendments have been implemented or proposed, and the new “ipso facto” amendments that have been implemented as part of the second wave of reforms will apply to most contracts entered into after July 1, 2018.

    Filed under:
    Australia, Insolvency & Restructuring, Projects & Procurement, DLA Piper
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper

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