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
    Can your insurer rely on an insolvency exclusion?
    2019-07-01

    Key takeaways

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    What you need to know about changes to Australia’s corporate insolvency laws
    2016-10-27

    Changes to Australia’s corporate insolvency laws are set to come into effect in 2017 and will result in an increase of powers for creditors in external administrations.

    IN BRIEF

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Lisa Filippin
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    An important decision for liquidators of trustee companies – there is a power of sale
    2014-06-26

    In brief

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation, Liquidator (law), Trustee
    Authors:
    David John
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Insolvency set-off does not protect creditors against unfair preference claims
    2022-01-25

    In its recent decision in Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228, the Full Court of the Federal Court of Australia (the Court) held that statutory set-off, under section 553C(1) of the Corporations Act 2001 (Cth) (theAct), is not available to a creditor in respect of a liquidator’s claim against that creditor for the recovery of an unfair preference under s 588FA of the Act.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Employee Retirement Income Security Act 1974 (USA), Corporations Act 2001 (Australia)
    Authors:
    Paul Apáthy
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    The Asia-Pacific Restructuring Review 2019 - Australian Chapter
    2018-10-25

    Global Restructuring Review is a leading source of news and insight on cross-border restructuring and insolvency law and practice, read by international lawyers, insolvency practitioners and accountants, judges, corporate counsel, investors and academi

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Australian Construction Dispute resolution Newsletter - October 2016
    2016-10-14

    Welcome to this issue of Herbert Smith Freehills' Australian Construction Dispute Resolution Newsletter.

    This newsletter updates you on legal developments relevant to your industry by featuring Australian court decisions and legislative developments of particular interest.

    In this issue, we look at:

    Filed under:
    Australia, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Credit card, Dispute resolution, Liquidated damages, High Court of Australia
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Experts nervous on independence and process post Billabong
    2014-05-29

    Independent experts have become increasingly nervous on independence and process points since the Australian Securities and Investments Commission (ASIC) required a replacement independent expert in Billabong, apparently based on independence concerns raised by ASIC in that case.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Herbert Smith Freehills LLP, Shareholder
    Authors:
    Rebecca Maslen-Stannage
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Tma submissions on Australian creditors’ scheme of arrangement consultation
    2021-09-30

    On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper). The submissions process has now closed.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Herbert Smith Freehills LLP, Moratorium (law), Debtor in possession, Debt restructuring, Creditors' rights, Australian Securities and Investments Commission
    Authors:
    Paul Apáthy , Natasha McHattan , Angus Dick
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    “Holding” DOCAs confirmed as valid by High Court of Australia
    2018-09-27

    On 12 September 2018, the High Court of Australia (High Court) gave judgment in the case of Mighty River International Limited v Hughes (Mighty River).1 In that decision, the High Court (by a 3:2 majority) held that a “holding” deed of company arrangement (DOCA) is valid.

    In brief

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Paul Apáthy , Mark Clifton
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Restructuring, turnaround and insolvency in Asia Pacific
    2016-09-22

    Introduction

    Welcome to the first edition of the Herbert Smith Freehills Guide to Restructuring, Turnaround and Insolvency, Asia Pacific .

    Filed under:
    Australia, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Real Estate, Trade & Customs, Herbert Smith Freehills LLP
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 433
    • Page 434
    • Page 435
    • Page 436
    • Current page 437
    • Page 438
    • Page 439
    • Page 440
    • Page 441
    • …
    • 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