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    Nine Entertainment - debt for equity swap agreed
    2012-10-25

    Key Points:

    What the protracted negotiations surrounding Nine Entertainment have demonstrated is the importance of an interested party being able to assert they have an economic interest in the company.

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz, Interest, Hedge funds, Debt, Valuation (finance)
    Authors:
    Peter Bowden , Nick Poole , Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    Variations to charges: High Court dismisses the appeal in Octaviar
    2011-02-02

    Key Points: The High Court held there was no variation in the terms of the Charge and therefore no registration was required.

    On 1 September 2010 the High Court handed down its much anticipated decision in the appeal from the Queensland Court of Appeal in Re Octaviar Ltd (No 7) [2009] QCA 282, unanimously dismissing the appeal in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29.

    The fixed and floating charge

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Clayton Utz, Credit (finance), Surety, Debt, Deed, Liability (financial accounting), Legal burden of proof, Capital punishment, Subsidiary, Corporations Act 2001 (Australia), Queensland Supreme Court, High Court of Australia
    Location:
    Australia
    Firm:
    Clayton Utz
    Peak uncertainty - wait and see the ultimate effect
    2021-10-04

    The abolition of the "peak indebtedness" rule will complicate liquidators' tasks, not least its adverse effect on pursuing preferences where it's unclear what forms the single transaction.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Corporations Act 2001 (Australia)
    Authors:
    Jonathon McRostie
    Location:
    Australia
    Firm:
    Clayton Utz
    Marshalling the troops when debtors become insolvent: A refresher on the equitable doctrine of marshalling
    2019-10-31

    The equitable doctrine of marshalling can protect the security interests of subordinate secured creditors when a debtor becomes insolvent.

    Marshalling is a neglected tool in the insolvency toolbox, but it can play an important role in protecting the security interests of subordinate secured creditors.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Clayton Utz, Debtor
    Authors:
    Jonathon McRostie
    Location:
    Australia
    Firm:
    Clayton Utz
    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, Corporations Act 2001 (Australia), Australian Securities Exchange, Lehman Brothers
    Authors:
    Orla McCoy , Flora Innes
    Location:
    Australia
    Firm:
    Clayton Utz
    Documents you give to other parties in litigation can end up with the ATO
    2018-03-29

    In handing over any documents in litigation or Court process, you must assess whether or not the documents have tax relevance.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, Clayton Utz
    Location:
    Australia
    Firm:
    Clayton Utz
    Administrators' remuneration: proportionality as a test of reasonableness
    2016-09-15

    Particularly in smaller external administrations, the court will not blindly accept time-based remuneration as reflecting the value of the work, but will consider the proportionality of the remuneration.

    In a number of recent judgments, the courts appear to be favouring considerations of proportionality coupled with an assessment of the realisations achieved when assessing application for the approval of remuneration for external administrators.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidator (law)
    Authors:
    Matt Edwards
    Location:
    Australia
    Firm:
    Clayton Utz
    CU LAB: what's happening with the secondary debt market?
    2015-09-15

    There's been a drop-off, but Peter Bowden says things might be about to change.

    Click here to watch video.

     

     

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz
    Authors:
    Peter Bowden
    Location:
    Australia
    Firm:
    Clayton Utz
    Administrator's ability to approach a court about business decisions: elucidating the discretion
    2014-04-17

    Key Points:

    The NSW Supreme Court says it can provide directions on an administrator's commercial decision on the basis of the liability assumed by administrators and their partners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Secured creditor, New South Wales Supreme Court
    Authors:
    Nick Poole , Peter Bowden
    Location:
    Australia
    Firm:
    Clayton Utz
    Victoria's new Farm Debt Mediation Scheme - how does it work?
    2012-10-25

    Key Points:

    There are various issues of which a secured creditor must be aware in seeking to either comply with its obligations or take steps to enforce a mortgage under the Act.

    Victoria's new Farm Debt Mediation Act 2011 (Vic) commenced operation on 1 December 2011 and is largely modelled on the equivalent New South Wales legislation, the Farm Debt Mediation Act 1994 (NSW).

    Filed under:
    Australia, Arbitration & ADR, Banking, Insolvency & Restructuring, Real Estate, Clayton Utz, Debtor, Debt, Mortgage loan, Mediation
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz

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