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    Creditors’ schemes of arrangement - a restructuring tool to pre-empt class action risks?
    2018-09-27

    When faced with multiple class action threats, there is little downside in a company giving consideration to a creditors’ scheme of arrangement to achieve a quicker and cheaper resolution of the underlying claims.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Class action, Australian Securities Exchange, Lehman Brothers, Corporations Act 2001 (Australia)
    Authors:
    Flora Innes
    Location:
    Australia
    Firm:
    Clayton Utz
    The dialogue is changing yet is the law enabling the practical change directors need?
    2018-09-27

    The dialogue is changing yet is the law enabling the practical change Directors need?

    Achieving significant cultural shift in any business environment is no easy task, so it’s by no means ground-breaking to declare that after 1 year in operation, it still cannot be said that the new “Safe Harbour” legislation has resulted in a cultural change among directors.

    Filed under:
    Australia, Banking, Company & Commercial, Insolvency & Restructuring, King & Wood Mallesons, Australian Taxation Office, Australian Securities Exchange, Australian Securities and Investments Commission, Fair Work Commission (Australia), Corporations Act 2001 (Australia)
    Authors:
    Tony Troiani , Philip Pan
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Schemes of Arrangement: Flexibility of the court to make order after the second court approval hearing to revive a Terminated Conditional Scheme
    2020-05-26

    On 22 May 2020, Justice Black of the Supreme Court of NSW issued judgment In the matter of Wollongong Coal Limited and In the matter of Jindal Steel & Power (Australia) Pty Ltd [2020] NSWSC 614. The judgment sets out his Honour’s reasoning for granting the orders sought in a largely unprecedented application to effectively ‘re-enliven’ two schemes of arrangement which automatically terminated prior to being completed.

    Filed under:
    Australia, United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, Australian Securities Exchange
    Authors:
    Amelia Kelly
    Location:
    Australia, United Kingdom
    Firm:
    DLA Piper
    That’s Gold: Federal Court gives Gascoyne DOCA the green light
    2020-11-06

    On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement (DOCA). The DOCA had been the culmination of a 15 month administration, and facilitated the recapitalisation, refinance, and relisting of the gold miner Gascoyne Resources Ltd (GCY) and its subsidiaries (together with GCY, the GCY Group).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Private equity, Australian Securities Exchange
    Authors:
    David John
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Boardroom Brief: Week commencing 28 September 2020
    2020-09-29

    A short week this week due to the public holiday in Western Australia.

    This is a service specifically targeted at the needs of busy non-executive directors. We aim to give you a “heads up” on the things that matter for NEDs in the week ahead – all in two minutes or less.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Gilbert + Tobin, Private equity, Coronavirus, Australian Securities Exchange, Australian Securities and Investments Commission
    Authors:
    Justin Mannolini , Janelle Sputore
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Grounded: Virgin Australia Reaffirms the Australian Takeovers Panel’s Narrow Role in Distressed Transactions
    2020-09-16

    In Short

    The Situation: In Australia, the Takeovers Panel ("Panel") is the primary forum for hearing disputes in relation to takeover bids and other corporate control transactions involving public companies. In light of the current COVID-19-led financial distress being experienced by many companies, understanding when the Panel will be the appropriate forum to consider disputes in relation to a company in administration is important. This question arose in the course of the current Virgin Australia Group administration.

    Filed under:
    Australia, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Jones Day, Private equity, Coronavirus, Australian Securities Exchange
    Authors:
    Chris Ahern , Shannon Finch , Courtney Dixon
    Location:
    Australia
    Firm:
    Jones Day
    COVID-19 temporary relief: less creative destruction, more restructuring?
    2020-08-31

    Australia has now entered its first recession in 29 years, and the Australian Government has implemented a number of legislative reforms and other initiatives to support and provide temporary relief to businesses, including stimulus payments, enhanced asset write-off and flexibility in the application of the Corporations Act 2001 (Cth).

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Clayton Utz, Private equity, Coronavirus, Australian Securities Exchange, Corporations Act 2001 (Australia)
    Authors:
    Scott Sharry , Kym Condon , Caitlin McConnel , Matt Edwards
    Location:
    Australia
    Firm:
    Clayton Utz
    PIF revisited - no right not to be diluted
    2011-10-07

    On 5 October 2011 Justice Barrett of the Supreme Court of NSW handed down a decision in Centro Retail Limited and Centro MCS Manager Limited in its capacity as Responsible Entity of the Centro Retail Trust [2011] NSWSC 1175 (“Centro”) where he found that the responsible entity of Centro Retail Trust would be justified in modifying the constitution of the trust without unitholder approval to a insert a provision permitting the issue of units at a price different to that provided for by the pre-existing provisions.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Retail, Security (finance), Investment funds, Market value, Net asset value, Unilateralism, Australian Securities Exchange, ING Group, Australia and New Zealand Banking Group, Constitutional amendment, Corporations Act 2001 (Australia), Constitution, Federal Court of Australia, New South Wales Supreme Court
    Authors:
    Brian Murphy
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    The Timbercorp Securities Ltd (in liq) class action
    2011-12-21

    Background: the Timbercorp Group

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Piper Alderman, Security (finance), Liquidation, Agribusiness, Australian Securities Exchange, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    New Zealand liquidators recognised in Australia
    2011-08-22

    Introduction

    New Zealand liquidators have had their powers recognised in Australia in a series of recent ground-breaking judgments.

    These decisions in respect of Northern Crest Investments Limited, a New Zealand registered company listed on the ASX, demonstrate the broad powers which the courts are willing to provide to foreign representatives under the Cross-Border Insolvency Act 2008 (Cth) (the CBIA).

    Obtaining powers of Australian liquidators

    Filed under:
    Australia, New Zealand, Capital Markets, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Liability (financial accounting), Witness, Liquidator (law), Australian Securities Exchange, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Goldman , Michael Rose
    Location:
    Australia, New Zealand
    Firm:
    Norton Rose Fulbright

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