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    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
    Speak now, or forever hold your peace
    2010-08-23

    Key Points: All companies, regardless of their size or solvency, must ensure that they have appropriate systems for dealing with statutory demands.

    In my last article, I looked at the use of statutory demands. Time now to go through the looking glass and examine the impact of demands on the companies which receive them.

    First, a brief recap …

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz, Liquidation
    Authors:
    Karen O'Flynn
    Location:
    Australia
    Firm:
    Clayton Utz
    Lenders not misled in $2.5bn Arrium collapse
    2021-09-02

    The latest decision in the Arrium collapse should give some encouragement to Australia's restructuring sector.

    Following a lengthy trial of 38 days in the NSW Supreme Court in March and April 2021, Justice Michael Ball (no relation) has handed down the decision in the two proceedings, Anchorage Capital Masters Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025.

    In dismissing these proceedings, Justice Ball has given some comfort to restructuring in Australia,

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Corporations Act 2001 (Australia)
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    The Insolvency Practice Schedule: Navigating creditors' new powers
    2019-07-19

    Creditors' rights to information and records

    Filed under:
    Australia, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Clayton Utz
    Authors:
    Matt Edwards , Kym Condon
    Location:
    Australia
    Firm:
    Clayton Utz
    Singapore as a new restructuring hub: how does it compare with the Australian regime?
    2018-09-12

    Changes to Singapore's statutory regime for schemes of arrangement, which came into effect in May 2017, are aimed at placing Singapore on the map as an international debt restructuring hub.

    Filed under:
    Australia, Singapore, Insolvency & Restructuring, Clayton Utz, Title 11 of the US Code
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, Singapore
    Firm:
    Clayton Utz
    Liquidators of insolvent corporate trustees, the law on distribution of assets has now been settled
    2018-03-23

    Following a landmark decision in the Full Federal Court, employees will retain their priority to payment of their entitlements in a company liquidation, even where the company is a corporate trustee of a trust.

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidator (law), Trustee
    Location:
    Australia
    Firm:
    Clayton Utz
    The Courts flip-flopping (again) on the validity of “flip clauses”
    2016-09-01

    Judge Chapman’s judgment is obviously a welcome development for participants in the structured capital markets, particularly those who transact regularly with US counterparties.

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Collateralized debt obligation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, United Kingdom, USA
    Firm:
    Clayton Utz
    Lessons for administrators: avoid material omissions in a section 439A report and get the DOCA right
    2015-08-20

    Key Points:

    A section 439A report must contain all material information which is known or reasonably ascertainable by administrators.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz
    Authors:
    Scott Sharry
    Location:
    Australia
    Firm:
    Clayton Utz
    Cross-border insolvency and ancillary relief
    2014-03-11

    The UNCITRAL Model Law on Cross-Border Insolvency is designed to supplement States' insolvency laws with a framework to address cross-border insolvency proceedings.

    Filed under:
    Australia, British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clayton Utz, Debtor, Liquidation, UNCITRAL
    Authors:
    Matthew Wilson
    Location:
    Australia, British Virgin Islands
    Firm:
    Clayton Utz

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