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
    Australia: Overview of Members’ Voluntary Liquidation and Deregistration of an Australian company
    2018-07-19

    Introduction

    The concept of winding up does not exclusively apply to insolvent companies. Solvent companies can also be wound up, on the initiation of the company’s directors and shareholders (for example, as part of a corporate reconstruction or to close down non-operating or redundant entities).

    An overview of the two key procedures to effect the dissolution of a solvent Australian company, being Members’ Voluntary Liquidation and Deregistration, is set out below.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Corporations Act 2001 (Australia)
    Authors:
    David Walter , Peter Lucarelli , Heather Sandell , Ian Innes , Heather Collins
    Location:
    Australia
    Firm:
    Baker McKenzie
    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
    Feel the pressure - liquidators’ appeal dismissed as third party payments unrecoverable as unfair preferences
    2018-07-20

    This week’s TGIF examines a recent decision of the New South Wales Court of Appeal in Hosking v Extend N Build Pty Limited [2018] NSWCA 149, which considered whether payments made by a third party to an insolvent company’s creditors could be recovered by the liquidator as unfair preferences.

    What happened?

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Demystifying the defence to unfair preferences and the scope for liquidators to recover benefits from third parties
    2018-08-02

    The two limbs of the defence to an unfair preference claim under section 588FG(1)(b) and (2)(b) of the Corporations Act have separate work to do.

    In a useful decision for liquidators and the insolvency industry, the WA Court of Appeal has clarified the nature of the tests creditors need to satisfy to maintain a defence to a liquidator's unfair preference claim in section 588FG(1)(b) or (2)(b) of the Corporations Act (White & Templeton v ACN 153 152 731 Pty Ltd (in liq) & Anor [2018] WASCA 119). 

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz
    Authors:
    Alistair Fleming
    Location:
    Australia
    Firm:
    Clayton Utz
    Guarantors: Enforcing guarantees is not guaranteed. Take it slow, consider your options
    2018-07-05

    If you have guaranteed the debts of a person or entity that is in financial distress, you should take legal advice as soon as possible. Whatever you do, do not panic and make a rash decision such as declaring bankruptcy, winding up your business or selling your family home. The creditor seeking to enforce the guarantee may be more amenable to compromise than you think, particularly given the risks that creditors often face when they seek to enforce guarantees.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, HHG Legal Group
    Authors:
    Daniel Morris
    Location:
    Australia
    Firm:
    HHG Legal Group
    Beyond the written record: creditors granted access to documents produced in public examination
    2018-07-06

    This week’s TGIF considers In the matter of Arrium Limited [2018] NSWSC 747 in which the Court granted creditors access to documents produced in public examinations.

    What happened?

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Clipping Business’s Wings: Illegal Phoenixing Reform
    2018-07-06

    Phoenixing involves stripping and transferring the assets out of a company, leaing it to perish in a blaze to avoid paying its liabilities. A new company is then reborn from the ashes of the old company, starting anew and liability free, however usually with the same assets and business as the old company.

    From a public policy standpoint, phoenixing activity is harmful to the economy as a whole. Creditors are often left with nothing and employees are left short-changed.

    What are the reforms?

    Filed under:
    Australia, Insolvency & Restructuring, Brown Wright Stein Lawyers
    Authors:
    Chris Wilkinson , Owen Lunney
    Location:
    Australia
    Firm:
    Brown Wright Stein Lawyers
    Towards More Effective Restructuring: Changes To The Corporations Act | Invalidity Of Ipso Facto Clauses
    2018-07-09

    For many suppliers, creditors and landlords, the threat of their counterparty’s insolvency is mitigated by a right to terminate or vary their contracts if there is an “insolvency event”. From July 1 2018 changes to the Corporation Act 2001 (Cth) may, however, limit those rights.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, BAL Lawyers, Disability, Corporations Act 2001 (Australia)
    Authors:
    Katie Innes
    Location:
    Australia
    Firm:
    BAL Lawyers
    Towards More Effective Restructuring: Changes To The Corporations Act | Safe Harbour Provisons
    2018-07-09

    For company directors, the threat of personal liability for debts incurred in periods of actual or potential insolvency looms large. The creation of the ‘safe harbour’ provisions in the Corporation Act 2001 (Cth) that took effect in September 2017 may provide some welcome relief to company directors in periods of financial distress.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, BAL Lawyers, Board of directors, Corporations Act 2001 (Australia)
    Authors:
    Katie Innes
    Location:
    Australia
    Firm:
    BAL Lawyers
    “Ipso Facto” regulations and M&A transactions
    2018-07-10

    Following recent changes to the Corporations Act 2001 (Cth), parties to a contract may be unable to rely on a contractual right to terminate or modify the operation of a contract on the occurrence of certain insolvency-related events of a counterparty to the contract (commonly known as an “ipso facto” provision).

    Filed under:
    Australia, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Holding Redlich, Corporations Act 2001 (Australia)
    Authors:
    Trent Taylor , Carl Hinze
    Location:
    Australia
    Firm:
    Holding Redlich

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 95
    • Page 96
    • Page 97
    • Page 98
    • Current page 99
    • Page 100
    • Page 101
    • Page 102
    • Page 103
    • …
    • 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