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
    Australian government releases draft insolvent trading and ipso facto legislation
    2017-04-05

    On 28 March 2017, the Australian Federal Government (Government) released draft legislation in relation to two major reforms intended to encourage turnaround, restructuring and business rescue.

    The draft legislation introduces a safe harbour for directors from liability for insolvent trading, and stays the operation of ipso facto clauses where a company enters into administration or proposes a scheme of arrangement.

    EXECUTIVE SUMMARY

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Corporations Act 2001 (Australia)
    Authors:
    Paul Apáthy
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Does a bankrupt beneficiary’s effective control of a discretionary trust transform their interest into property?
    2017-03-24

    This week’s TGIF considers Fordyce v Ryan & Anor; Fordyce v Quinn & Anor [2016] QSC 307, where the Court considered whether a beneficiary’s interest in a discretionary trust amounted to ‘property’ for the purposes of the Bankruptcy Act 1966 (Cth).

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Shareholder, Interest, Beneficiary, Liquidation, Vesting, Discretionary trust, Bénéfice, Unit trust, Trustee, Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    A plank in the wreck - a benevolent construction of a debtor's notice
    2017-03-22

    The recent Federal Court of Australia decision of The Owners – Strata Plan No 14120 v McCarthy (No 2) [2016] FCCA 2017, demonstrates the dangers of errors in a bankruptcy notice.

    In McCarthy, the Court found that when a debtor disputes the validity of a bankruptcy notice on the ground of a misstatement of the amount claimed, the debtor’s notice does not need to identify the misstatement with complete precision to render the bankruptcy notice invalid.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, HopgoodGanim, Bankruptcy, Federal Court of Australia
    Authors:
    Jonathan Ivanisevic , Jason Down
    Location:
    Australia
    Firm:
    HopgoodGanim
    Missing directors and company registers: winding up a company as trustee of a shareholder
    2017-02-27

    Winding up a company when you are the trustee in bankruptcy of the sole director and shareholder can be more complicated than you think.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Bankruptcy, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    I’m a Creditor. Can I Bankrupt a Debtor?
    2017-01-19

    If you’re a creditor and for some reason, your debtor is showing no signs of repaying what they owe, what are your options? In some cases, you may be able to bankrupt your debtor. Once a court judgment has been entered against your debtor, you are entitled to take steps to have them declared bankrupt. Your judgment debtor must be an individual (not a company), and the judgment debt must be $5,000 or more. But is it worth it?

    Filed under:
    Australia, Insolvency & Restructuring, LegalVision, Bankruptcy, Debtor
    Authors:
    Vanessa Swain
    Location:
    Australia
    Firm:
    LegalVision
    Status of proposed reduction of bankruptcy term to one year
    2016-11-29

    In December 2015 the Federal Government announced proposed reforms to insolvency laws as part of its National Innovation Statement (NIS).

    Filed under:
    Australia, Insolvency & Restructuring, Hall & Wilcox, Bankruptcy
    Authors:
    Adrian Lasky
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Superannuation Entitlements are not always Protected in Bankruptcy
    2016-10-25

    When an individual becomes bankrupt, the bankrupt’s property vests in the bankruptcy Trustee with a number of exceptions. One exception is in respect of the bankrupt’s interest in a regulated superannuation fund, an approved deposit fund or an exempt public sector superannuation scheme.

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Broadley Rees Hogan, Bankruptcy, Debtor, Australian Taxation Office, Trustee
    Authors:
    Jon Broadley
    Location:
    Australia
    Firm:
    Broadley Rees Hogan
    Cross Border Restructuring and Insolvency Update - August 2016
    2016-08-25

    Legend International Holdings Inc (in Liquidation) v Indian Farmers Fertiliser Cooperative Limited [2016] VSCA 151

    The Australian Court of Appeal refused an appeal against a winding up order made in relation to Legend in Australia where Chapter 11 proceedings were on foot in the United States.

    Click here to read more...

    Filed under:
    Australia, Bahamas, Cayman Islands, Saudi Arabia, Singapore, Slovakia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy, Liquidation
    Authors:
    Alan Bennett
    Location:
    Australia, Bahamas, Cayman Islands, Saudi Arabia, Singapore, Slovakia
    Firm:
    Ashfords LLP
    When is a judgment debt not a judgment debt?
    2016-09-02

    This week’s TGIF considers the case of Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, where the Court exercised its power to “go behind” a judgment upon which a petitioning creditor relied as proof of a debt that was owed.

    WHAT HAPPENED?

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Debtor, Debt, Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Australian insolvency law reforms aim to increase business restructuring opportunities
    2016-07-22

    The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017.

    The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility to achieve real turnaround of businesses in crisis.

    The proposed changes include:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, DLA Piper, Bankruptcy, Breach of contract, Start-up companies, Board of directors, Entrepreneurship, Liquidation, Distressed securities, The Australian
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 76
    • Page 77
    • Page 78
    • Page 79
    • Current page 80
    • Page 81
    • Page 82
    • Page 83
    • Page 84
    • …
    • 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