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    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
    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
    Directors – beware of the phoenix
    2012-04-30

    We recently released an e-alert on the law reforms on directors’ derivative liability. Although not directly part of the derivative liability reforms, the close of 2011 and the first half of 2012 has seen a variety of exposure drafts, submissions, and parliamentary jostling over another key area of directors’ liability – the Federal Government’s law reforms to counter phoenix activities.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Hunt & Hunt, Debt, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Kelvin Tam
    Location:
    Australia
    Firm:
    Hunt & Hunt
    When can a set-off be claimed against debts owed to an insolvent company?
    2012-04-30

    The recent Victorian Supreme Court case of Grapecorp Management Pty Ltd (in liq) v Grape Exchange Management Euston Pty Ltd provided an interesting analysis of when set-off, pursuant to section 553C(1) of the Corporations Act 2001, may be claimed.

    When can a set-off be claimed against debts owed to an insolvent company?

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Debt, Liquidation, Corporations Act 2001 (Australia), Victoria Supreme Court
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Winding up proceedings - reluctance of the courts to grant adjournments where recovery of ATO revenue is prejudiced
    2012-06-15

    The recent case of Deputy Commissioner of Taxation v Bayconnection Property Developments Pty Limited [2012] FCA 363 is a rare example of the Court allowing an adjournment of a winding up application in connection with a tax debt pending an appeal.

    Facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, Corrs Chambers Westgarth, Debt, Liquidation, Federal Court (Canada)
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Centro Properties Group reorganizes: one small step for man, one giant leap for Australian restructurings
    2011-12-14

    After four long years, Australia-based Centro Properties Group (“CNP”) has consummated a global restructuring that combines a debt-for-equity swap with an aggregation of its assets into a new real estate investment trust, Centro Retail Australia (“CRF”). Bracewell & Giuliani was first engaged by Centro’s private placement noteholders in December 2007. As the restructuring progressed Bracewell’s role expanded to becoming lead counsel for CNP’s entire international lending syndicate consisting of more than 90 distressed debt investors, institutional investors and commercial bank

    Filed under:
    Australia, Insolvency & Restructuring, Bracewell LLP, Debt, Real estate investment trust, Distressed securities
    Location:
    Australia
    Firm:
    Bracewell LLP
    New Phoenix legislation increases exposure for directors
    2012-03-30

    On 15 February 2012 the Commonwealth Government introduced the Corporations Amendment (Similar Names) Bill 2012.

    Purpose

    The purpose of this Bill is to amend the Corporations Act such that directors of failed companies can be jointly and individually liable for the debts of a company that has a similar name to a pre-liquidation name of a failed company.

    The Bill itself is purportedly part of the Government’s election commitment from the Government’s Protecting Workers Entitlements Package announced in July 2010.

    Filed under:
    Australia, Insolvency & Restructuring, McInnes Wilson Lawyers, Debt, Liquidation
    Authors:
    Jordan Bennie
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Retention of title as a defence to an unfair preference claim
    2011-05-20

    In the recent case of Dwyer & Ors and Davies & Ors v Chicago Boot Co Pty Ltd [2011] SASC 27, Chicago Boot claimed that certain payments made to it by two insolvent companies were not unfair preference payments, because of, amongst other defences, the purported application of a retention of title clause in relation to the supply of goods by Chicago Boot.

    Filed under:
    Australia, South Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Debtor, Unsecured debt, Interest, Debt, Liquidation, Liquidator (law), Title retention clause, Corporations Act 2001 (Australia), Supreme Court of the United States
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    Insolvent unit trusts in Australia
    2011-05-30

    The Australian unit trust industry recently experienced financial difficulties. The formal legal process of handling those difficulties has revealed gaps in the Australian regulatory map.

    This article highlights some of those problems and the Government’s response to them.

    Background

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Clayton Utz, Legal personality, Debt, Retirement, Liquidation, Liquidator (law), Unit trust, The Australian, Corporations Act 2001 (Australia), Trustee
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Insolvent managed investment schemes: uncertainty and conflicts
    2011-05-30

    Few now remember that Chapter 5C of the Corporations Act can trace its origins to the afternoon of 23 July 1991. For the past year, the unlisted property trust industry had been in meltdown. The value of the assets held by the industry had fallen over 20%. Investors were scrambling to get out, and collapses seemed imminent.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Clayton Utz, Legal personality, Market liquidity, Debt, Liability (financial accounting), Liquidation, Liquidator (law), Prima facie, Corporations Act 2001 (Australia)
    Authors:
    Jennifer Ball , John Moutsopoulos
    Location:
    Australia
    Firm:
    Clayton Utz

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