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    Public examinations during liquidation: which documents can liquidators obtain?
    2018-08-24

    How far do liquidators’ powers to demand documents for public examinations extend? Which documents can they request and from whom can they request them?

    In this week’s TGIF, we consider these questions in the context of the recent case of Re Cathro [2018] FCA 1138.

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation, Corporations Act 2001 (Australia)
    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
    NSW Conveyancing Act a useful tool for creditors and insolvency practitioners
    2018-08-30

    Section 37A can be used by future, contingent and prospective creditors to recover assets, meaning the transferor need not be indebted at the time of the transfer.

    Recovering assets from a debtor is usually done via the recovery provisions in the Corporations Act 2001 (Cth) or theBankruptcy Act 1966 (Cth), but there is another option, at least in New South Wales, which offers creditors, insolvency practitioners and any prejudiced parties a useful alternative. A recent case demonstrates its advantages (Lardis v Lakis [2018] NSWCA 113; Clayton Utz acted for the successful creditor).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Clayton Utz
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Injuncting a winding up application: is there any room for abuse of process?
    2018-08-31

    Two companies which contended they were ‘unquestionably solvent’ were unsuccessful in an application to injunct a party from instituting proceedings to wind them up. This decision clarifies the extent to which the case law on abuse of process made prior to the enactment of Part 5.4 of the Corporations Act continues to apply.

    Facts

    Filed under:
    Australia, Insolvency & Restructuring, The Commercial Bar Association of Victoria
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Overview of Australian Corporate Insolvency Regimes
    2018-09-03

    OVERVIEW OF AUSTRALIAN CORPORATE INSOLVENCY REGIMES

    Restructuring & Insolvency

    Restructuring & Insolvency | i

    Overview of Australian Corporate Insolvency Regimes

    This document provides a summary of the most common Australian formal corporate insolvency regimes, namely:

    voluntary administration;

    receivership; and winding up.

    It also covers creditors' schemes of arrangement which are increasingly being used in larger restructurings.

    Filed under:
    Australia, Insolvency & Restructuring, Baker McKenzie, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Baker McKenzie
    Hurry Up and Wait - Liquidator in holding pattern while Re Amerind decided
    2018-07-13

    This week’s TGIF considers In the matter of MJM(WA) Enterprises Pty Ltd (in liq) [2018] NSWSC 944, where the Court approved a liquidator’s remuneration but deferred decisions about trust distributions until after the Re Amerind litigation finishes.

    What happened?

    The company operated two barbershops in Perth as trustee for a family trust before liquidators were appointed in May 2017.

    Filed under:
    Australia, Victoria, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    An Overview of Enforcing Foreign Judgments in Australia
    2018-07-16

    Foreign judgments may be enforced in Australia under the Foreign Judgments Act 1991 or, if that Act does not apply, pursuant to common law principles.

    Registration and enforcement pursuant to the Foreign Judgments Act 1991

    Filed under:
    Australia, Insolvency & Restructuring, Bird & Bird LLP
    Authors:
    Sophie Dawson
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    Extensions of time for registration under PPSA
    2018-07-17

    Several decisions handed down in the Personal Property Securities Act 2009 (Cth) (PPSA) space have emphasised the importance of registering security interests within the legislative timeframes and also examined the discretionary factors courts will consider in their deliberations over whether extensions of time for registration of security interests should be granted.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Hall & Wilcox
    Authors:
    Alexandra Lane
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Safe harbour: A realignment of interests
    2018-07-17

    It was first published by the Governance Institute of Australia.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, King & Wood Mallesons, Board of directors
    Authors:
    Tony Troiani
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    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

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