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    Credit Bids on the rise in Australia
    2024-04-17

    Investors in the Australian market are more sophisticated than ever and – unsurprisingly – so too are the restructuring transactions being promoted by these investors. One such transaction is the credit bid. While not a transaction structure that is formally recognised in Australia, a credit bid is a valuable tool in a financier's playbook that can be implemented to achieve a return where the original financing is unable to be repaid in accordance with its terms.

    Credit Bidding

    Filed under:
    Australia, Banking, Competition & Antitrust, Insolvency & Restructuring, White & Case, Foreign direct investment, Due diligence, Insolvency, Australian Competition and Consumer Commission, Foreign Investment Review Board, Corporations Act 2001 (Australia)
    Authors:
    Timothy Sackar , Jillian McAleese , Ashleigh Tang , Marcus Carlei
    Location:
    Australia
    Firm:
    White & Case
    Governance News 8 March 2023
    2023-03-08

    This week's issue has a strong ESG focus. We cover the Senate Committee's report into the government's Bill to overhaul the existing 'safeguard' mechanism, the outcomes of the ACCC's greenwashing sweep and the ACCC's enforcement priorities for 2023/24. On the financial services front we provide an update on the status of the proposed FAR (which would expand on and replace the existing BEAR). We also provide an update on the progress of measures to further 'modernise' Corporations Act requirements and more…

    Filed under:
    Australia, Capital Markets, Company & Commercial, Compliance Management, Environment & Climate Change, Insolvency & Restructuring, MinterEllison, Climate change, Gender pay gap, ESG, Anti-bribery and corruption, Australian Competition and Consumer Commission, Australian Securities and Investments Commission, Australian Senate
    Authors:
    Mark Standen , Siobhan Doherty , Kate Hilder
    Location:
    Australia
    Firm:
    MinterEllison
    Australian Regulators Weekly Wrap — Monday, 10 October 2022
    2022-10-10

    Keeping on top of the latest financial services regulatory and compliance trends?

    Investing time in your professional development within a rapidly changing financial services industry is challenging. To meet that challenge, the Australian Regulators Weekly Wrapis designed to keep you at the forefront of your practice by quickly setting out the top five developments from the past week, analysis and practical considerations for the future.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Gadens, Non-fungible tokens, Australian Competition and Consumer Commission, US Department of the Treasury, Australian Securities and Investments Commission
    Location:
    Australia
    Firm:
    Gadens
    When are company directors personally liable under the Australian Consumer Law?
    2021-04-20

    The Federal Court of Australia has ordered two company directors to personally compensate customers, pay a large fine and be disqualified from managing a corporation for being ‘knowingly concerned’ in unconscionable conduct by their company and ‘causing it’ to make false or misleading representations, in contravention of the Australian Consumer Law.

    The orders made by the Federal Court of Australia against the company directors of Australian 4WD Hire, a vehicle rental company, were:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Internet & Social Media, Litigation, Cordato Partners, Consumer protection, Board of directors, Australian Competition and Consumer Commission, Australian Consumer Law, Bankruptcy and Insolvency Act 1985 (Canada), Federal Court of Australia
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    New laws targeting illegal phoenix activity are no magic bullet
    2020-03-05

    The changes create new civil and criminal offences for the transfer of assets which are “creditor-defeating dispositions”, and also give ASIC, the ATO and liquidators additional powers in a bid to increase successful enforcement of these new laws.

    Filed under:
    Australia, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Moulis Legal, Liquidation, Australian Competition and Consumer Commission, Australian Securities and Investments Commission, PricewaterhouseCoopers
    Authors:
    Emily Jennings
    Location:
    Australia
    Firm:
    Moulis Legal
    Liquidators denied access to financial information of trusts controlled by prospective defendant
    2018-09-05

    The question in Pleash (Liquidator) v Tucker [2018] FCAFC 144 (29 August 2018) was whether financial documents of a discretionary trust ought to be produced for the purpose of a liquidator investigating the ability of an examinee (and former director of the company) to satisfy any judgment debt that may be obtained against him.

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCabe Curwood, Australian Competition and Consumer Commission, Corporations Act 2001 (Australia)
    Authors:
    Andrew Lacey
    Location:
    Australia
    Firm:
    McCabe Curwood
    The perils of delay when serving a claim - a 'good reason' not to wait
    2018-09-10

    Summary

    Parties that withhold from serving a Statement of Claim and then seek an extension of time to do so, without a 'good reason' for an extension being granted, run the risk of the claim not being renewed and being dismissed in its entirety.

    This is a lesson learned the hard way by a liquidator in three recent concurrent, interrelated proceedings in the Supreme Court of Queensland.

    Background to the claims

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Lander & Rogers, Australian Competition and Consumer Commission, Queensland Supreme Court
    Authors:
    Tean Kerr , Natale Ilardo , Julia Nettle
    Location:
    Australia
    Firm:
    Lander & Rogers
    Australian Restructuring: Legislation, Transactions and Cases
    2020-12-17

    The Australian chapter of GRR’s Asia-Pacific Restructuring Review 2021, authored by Herbert Smith Freehills, is now available and reproduced below.

    This latest edition covers major Australian legislative developments, transactions and case law relating to restructuring and insolvency in Australia over the past 12 months including:

    Legislation

    • Temporary COVID-19 insolvency law amendments
    • Anti-phoenixing amendments to the Corporations Act

    Key restructurings

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus, Australian Competition and Consumer Commission
    Authors:
    Paul Apáthy , Angus Dick
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Australian Restructuring: Legislation, Transactions and Cases
    2020-11-16

    Paul Apáthy and Angus Dick, Herbert Smith Freehills

    This is an extract from the 2021 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Global Restructuring Review, Coronavirus, Australian Competition and Consumer Commission
    Location:
    Australia
    Firm:
    Global Restructuring Review
    Governance News 9 September 2020
    2020-09-09

    COVID-19 Key Developments __ Top Story | COVID-19:Temporary amendments to insolvency laws extended to 31 December 2020 On 7 September The Treasurer and the Attorney General issued a joint statement announcing that the government plans to extend temporary insolvency and bankruptcy protections for businesses impacted by the COVID-19 pandemic until 31 December 2020. MinterEllison's Michael Hughes has released an article providing an expert summary of the changes. This can be accessed on our website here.

    Filed under:
    Australia, USA, Capital Markets, Competition & Antitrust, Insolvency & Restructuring, Litigation, MinterEllison, Corporate governance, Cybercrime, Fintech, Cybersecurity, Australian Competition and Consumer Commission
    Location:
    Australia, USA
    Firm:
    MinterEllison

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