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    Creditors cannot set-off unsecured debts against unfair preference claims. What about other voidable transactions?
    2022-01-04

    For some time, controversy has surrounded the question as to whether unsecured creditors of an insolvent company can utilise set-off under s 553C of the Corporations Act 2001 (Cth) (Act) against unfair preference claims.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Rejection of a proof of debt - An illustration of the court’s general power to overturn liquidator decisions
    2021-10-16

    The court’s power to overturn the decisions of insolvency practitioners in a company’s external administration was highlighted in the recent case of Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq), in the matter of Trading Australia Pty Ltd (in liq) (Proof of Debt) [2021] FCA 1061 (Tuscan).

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Litigation, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Placing an Australian company into voluntary administration: what opinion must the appointing directors hold?
    2021-10-10

    In Australia, s 436A of the Corporations Act 2001 (Cth) (Act) provides for the circumstances in which a company may appoint a voluntary administrator. This provision requires the company’s board to resolve that: (a) in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and (b) an administrator of the company should be appointed.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Company voluntary arrangement, Litigation, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Australia’s voluntary administration regime - the impact and outcome
    2021-10-02

    Voluntary administration is Australia’s primary business rescue regime. This article is Part 2 of a two-part series. In this article, we highlight the impact of voluntary administration on various stakeholders and the potential outcomes for a company in voluntary administration. It is not intended to be used as an exhaustive guide to Australia’s voluntary administration regime and its many nuances.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Coronavirus, Company voluntary arrangement, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    An essential overview of Australia’s primary business rescue regime, voluntary administration
    2021-10-02

    Voluntary administration is Australia’s primary business rescue regime. This article is Part 1 of a two-part series. This article provides an introductory overview of voluntary administration in Australia, explaining what it is, why entities might enter it and its processes. It is not intended to be used as an exhaustive guide to Australia’s voluntary administration regime and its many nuances.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Company voluntary arrangement, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Assignment of Claims: A Comparative Analysis of the United Kingdom and Australia
    2020-08-26

    The United Kingdom and Australia have recently implemented legislative changes to permit external administrators to assign or sell causes of action available to them.

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Litigation, Litigation Capital Management, Dispute resolution, Liquidation, Liquidator (law), Litigation funding, Corporations Act 2001 (Australia)
    Authors:
    Siba Diqer , Justin Ward , Hugo Marshall
    Location:
    Australia, United Kingdom
    Firm:
    Litigation Capital Management
    Supreme Court reinstates adjudication as a key tool for liquidators
    2020-06-30

    An unfortunate but inevitable consequence of the economic downturn induced by COVID-19 is that an increasing number of construction companies will enter into insolvency. In Bresco Electrical Services Ltd (in liquidation) v. Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25, the Supreme Court has provided some respite to contractors in liquidation by finally confirming their unfettered right to refer construction disputes for resolution by adjudication.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Dentons, Dispute resolution, Coronavirus, UK Supreme Court
    Authors:
    Esther McDermott , Ian Fox , George Harris
    Location:
    United Kingdom
    Firm:
    Dentons
    Courts, Cooperation, and More: A Review of Cross-Border Insolvency Protocols
    2017-07-14

    In Short

    The Situation: For cross-border insolvency matters, parties increasingly depend on court-approved protocols to assist in the management of complex insolvencies involving a debtor or debtors whose assets, liabilities, or operations span international borders.

    The Action: Courts in Bermuda, the British Virgin Islands, Singapore, the United Kingdom, and some U.S. bankruptcy districts have implemented Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters.

    Filed under:
    Bermuda, British Virgin Islands, Singapore, USA, Arbitration & ADR, Insolvency & Restructuring, Jones Day, Personal jurisdiction, Dispute resolution
    Authors:
    Kevyn D. Orr , Dan T. Moss
    Location:
    Bermuda, British Virgin Islands, Singapore, USA
    Firm:
    Jones Day
    BVI Dispute Resolution & Insolvency Client Update - January 2018
    2018-01-26

    In the January 2018 edition of our dispute resolution and insolvency bulletin, we review eight cases from the BVI Commercial Court and BVI Court of Appeal from the past year. As most readers will be aware, the main non-legal news last year was that in September 2017, the British Virgin Islands were hit by category five hurricanes Irma and Maria which caused considerable devastation. The BVI Commercial Court temporarily relocated to St Lucia and impressively got back on its feet quickly in order to support the international financial services business of the BVI.

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Carey Olsen, Dispute resolution
    Authors:
    Tim Wright
    Location:
    British Virgin Islands
    Firm:
    Carey Olsen
    BVI adoption of Judicial Insolvency Network guidelines on cross-border insolvency a welcome step
    2017-06-01

    The adoption of new international guidelines on cross-border insolvency matters by the BVI courts has been welcomed by Ogier insolvency law specialist Nicholas Brookes.

    The Judicial Insolvency Network guidelines – drafted in 2016 by ten insolvency judges from international jurisdictions, including a BVI Commercial Court Judge – aim to create co-operation and communication between courts on cross-jurisdiction proceedings, and to minimise the time and expense involved in litigation.

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Ogier, Dispute resolution
    Authors:
    Nicholas Burkill , Brian Lacy , Nicholas Brookes
    Location:
    British Virgin Islands
    Firm:
    Ogier

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