Ligon 158 Pty Ltd v Shield Holdings Australia Pty Ltd [2024] FCA 144

A recent decision of the Federal Court of Australia has confirmed the Court’s power to make an order suspending limitation periods applicable to claims against a deregistered company when ordering its reinstatement under s 601AH of the Corporations Act 2001 (Cth) (the Act).

In In the matter of Academy Construction & Development Pty Ltd (subject to Deed of Company Arrangement) [2024] NSWSC 808, the New South Wales Supreme Court had to determine whether to terminate a Deed of Company Arrangement (DOCA) on the basis that it was oppressive, unfairly prejudicial or discriminatory.

Key Takeaways

FinReg Update [Jurisdiction] 2024 Regulatory Update Cayman – Q3 2024 Quick Fire Updates mourant.com 1. CRS reporting reminders The Department for International Tax Cooperation (DITC) issued an Updates Bulletin in June 2024 reminding Cayman Islands financial Institutions (FIs) of the following common reporting standard (CRS) annual reporting obligations: CRS Filing Declaration – required by all FIs with a CRS reporting obligation (deadline 31 July 2024) • FIs must make a CRS return to the DITC for each Reportable Account maintained during the reporting period.

重整程序作为困境企业摆脱债务沉疴、回归正常生产经营的有效路径，而重整计划执行可谓其最后一公里。近年来，囿于疫情突发、经济形势波动等诸多因素，重整计划执行不能的案例呈现增多趋势。一旦重整计划陷入执行不能境地，宣告破产便成了悬在重整参与方头上的达摩克利斯之剑。为避免直接宣告破产导致重整参与方的利益遭受严重损害，《企业破产法》及相关规定提供了重整计划变更、执行期限延长、监督期限延长（本文统称“重整计划执行变更”）等缓冲机制。本文以涉及重整计划执行变更的公开案例作为观察起点，试归纳实践中重整计划执行变更制度的具体实施情况，并探讨可能衍生的新旧重整计划衔接问题及处理建议。

一、重整计划执行变更观察综述

（一）现行规定

​​A business rescue plan (a plan) should ideally benefit all affected persons in the best way possible, and a vote in support of its adoption or rejection should not be premised purely on self-interest while disregarding the collective benefit of all affected persons.

A recent High Court judgment highlighted this fact, setting aside the major creditors' votes on the grounds of inappropriateness, and investigating the creditors' conduct during the business rescue process.

Welcome to our guide on navigating legal procedures in Ontario. Whether you're a local business or a foreign entity operating in the province, understanding the legal landscape is essential for protecting your interests.

The complexities of litigation and debt collection can be daunting, but with the right insights and preparation, you can confidently manage these challenges. Let's explore the essentials.

Understanding the basics

In March 2015 the major high street retailer British Home Stores (BHS) was acquired for £1 by Retail Acquisitions Limited (RAL), a company owned by Mr Dominic Chappell. Mr Chappell became a director of the BHS entities upon completion of the purchase, together with three other individuals.

The financial thresholds of the Small Companies Administrative Rescue Procedure (SCARP) have been increased, meaning that SCARP is now a potential option for a larger number of companies in Ireland.

SCARP, which was introduced in 2021, aims to provide a cost-effective restructuring option for viable but insolvent companies. It is available to small and micro companies as defined in the Companies Act and is not an option for larger companies, which must use other restructuring mechanisms.

10 years after the publication of Revision 6 (2014 edition) of the Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant (MF/1), the Institution of Engineering and Technology (IET) has released Revision 7 (2024 edition), shortly followed by an erratum containing a summary of corrections.

Regular users of the MF/1 may be comforted to know that the risk profile of the contract has not changed though the door has been opened to extending the duration of liability for latent defects, as discussed below.

Executive Summary: