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    The Arrium Proceedings - when is a company insolvent and when is a representation not a representation?
    2021-10-14

    The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries (“Arrium”).

    Introduction

    Justice Ball’s landmark decision1 dismissing the lenders’ claims addressed various important issues that often arise when a borrower is facing financial distress in Australia, including:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Hogan Lovells, New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Hogan Lovells
    Implications of COVID-19 on the Australian Mining Industry
    2020-05-29

    Hogan Lovells Publications | 29 May 2020

    Implications of COVID-19 on the Australian Mining Industry

    Filed under:
    Australia, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Hogan Lovells, Supply chain, Joint venture, Directors' duties, Coronavirus
    Location:
    Australia
    Firm:
    Hogan Lovells
    COVID-19 - Temporary emergency changes to Australian insolvency laws
    2020-04-15

    The Australian Government has introduced new laws which are intended to avoid unnecessary corporate insolvencies in light of the challenges presented by the unfolding COVID-19 global pandemic. The new laws came into effect on 25 March 2020 and include:

    Filed under:
    Australia, Insolvency & Restructuring, Hogan Lovells, Board of directors, Coronavirus
    Authors:
    Scott Harris , Bryan Paisley , James Hewer , Jonathan Leitch
    Location:
    Australia
    Firm:
    Hogan Lovells
    Court of Appeal overturns Hamersley Iron v. Forge Group Power - set off rights in liquidation restored
    2018-10-18

    In July 2017, we wrote about the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed)[1], in which the Western Australian Supreme Court held that rights of set off enjoyed by an insolvent company’s contractual counterparties would not apply if the company had granted a security interest over the relevant contractual righ

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    James Hewer , Scott Harris
    Location:
    Australia
    Firm:
    Hogan Lovells
    Chapter 15 foreign recognition granted on the basis of attorney retainer and claims against insiders located in the United States
    2018-05-09

    New York Bankruptcy Judge Sean H. Lane determined that the Australian debtors in a Chapter 15 foreign recognition proceeding satisfied the U.S. property requirements of Section 109(a) of the Bankruptcy Code on the basis of attorney retainers and claims against insiders located in the U.S.

    Filed under:
    Australia, USA, Insolvency & Restructuring, Hogan Lovells
    Authors:
    Ronald Silverman
    Location:
    Australia, USA
    Firm:
    Hogan Lovells
    Update - Boart Longyear schemes of arrangement approved
    2017-09-25

    In our previous blog post, we examined the decision of the New South Wales Court of Appeal to uphold the composition of classes of creditors in the Boart Longyear restructuring by way of scheme of arrangement.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Hogan Lovells, Shareholder, Unsecured debt, Debt, Secured creditor, Unsecured creditor, Court of Appeal of England & Wales
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    The limitation of set-off rights in liquidation
    2017-07-05

    In the recent case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed)[1], the Western Australian Supreme Court has confirmed that the grant of a security interest under the Personal Property Securities Act 2009 (PPSA) by a company to a third party will likely render any rights of set-off enjoyed by the company’s contractual counterparties worthless where the company subs

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    New South Wales Court of Appeal upholds Boart Longyear scheme classes decision
    2017-06-13

    In one of the most significant decisions relating to schemes of arrangement in Australia in recent years, the New South Wales Court of Appeal has dismissed an appeal challenging the composition of classes of creditors in the Boart Longyear restructuring.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Hogan Lovells, New South Wales Court of Appeal
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    Retail Industry News: Australia introduces insolvency reforms which limit contract rights to terminate for insolvency
    2018-03-12

    Introduction

    Under reforms commencing in July 2018, Australia will have new insolvency laws which will limit the exercise of contract rights to terminate for insolvency. Partners David McIntosh and Robyn Chatwood, explain how these reforms will impact the retail sector in Australia, including suppliers of goods and services and lenders.

    Background

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Dentons, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Dentons
    Funding voidable transaction proceedings
    2018-03-01

    In good news for liquidators, the Federal Court’s decision in Marsden (liquidator) v CVS Lane PV Pty Limited Re: Pentridge Village (in which Dentons acted for the liquidator) confirms that time will be extended for liquidators who are unable to bring voidable transaction proceedings within the relevant timeframe due to a lack of funding.

    The case also has wider implications. It could be relied upon by liquidators to justify subsequent claims which could otherwise have been brought at an earlier stage if funding had been available.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Dentons, Liquidator (law)
    Authors:
    David McIntosh
    Location:
    Australia
    Firm:
    Dentons

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