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    Creditors can successfully challenge an unfair deed of company arrangement
    2014-02-14

    In brief - Court sets aside DOCA in Helenic v Retail Adventures

    The NSW Supreme Court has recently set aside a deed of company arrangement (DOCA) on the basis that it was prejudicial to creditors who voted against it. The court appointed liquidators to the company.

    Declaration of interest: CBP Lawyers acted for the plaintiffs in the case discussed in this article and also represent a large number of unsecured creditors of Retail Adventures Pty Ltd (Administrators Appointed).

    Filed under:
    Australia, New Zealand, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, New South Wales Supreme Court
    Authors:
    Scott Hedge , Peter Harkin
    Location:
    Australia, New Zealand
    Firm:
    Colin Biggers & Paisley Lawyers
    Willmott Forests High Court appeal dismissed
    2013-12-06

    In brief - High Court confirms that liquidators of landlord companies can disclaim leases, terminating lessees' rights

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Colin Biggers & Paisley Lawyers, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    Nigel Watson
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Insolvency Law Reform Bill 2013 aims to harmonise regulatory framework for insolvency practitioners
    2013-02-25

     

    In brief - Bill implements reforms proposed in options paper

    Filed under:
    Australia, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Bankruptcy
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Fair Entitlements Guarantee Act 2012: generous severance pay entitlements pose risk to scheme
    2013-01-22

    In brief - Employees made redundant by insolvency event entitled to generous payout

    Changes to the General Employment Entitlements and Redundancy Scheme (GEERS) mean that employees are probably better off being made redundant by an insolvency event rather than as a result of a normal workplace restructure.

    Act puts existing GEERS scheme into legislative form

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Liquidator (law), Severance package
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers

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