1932’den beri yürürlükte olan 2004 sayılı İcra ve İflas Kanunu’nun yerine, Adalet Bakanlığı tarafından hazırlanan Cebrî İcra Kanunu Taslağı, icra ve iflas hukukunda köklü yenilikler getirmektedir. İlamlı icrada istinaf süresi beklenmesi, ilamsız icrada belge şartı ve “itirazın kaldırılması” yolunun kaldırılması, kambiyo ve banka alacaklarının genel takibe tabi kılınması, ödeme emrine itiraz süresinin 2 hafta olması, haciz ve satışta süre sınırlaması, nemalandırma ve kıymet takdirinde düzenlemeler öne çıkan değişikliklerdir.
Giriş
In Yeo (liquidator), in the matter of Tuftex Carpets Pty Ltd (in liquidation) [2025] FCA 1200 the liquidators sought approval from the court to enter into a settlement agreement. The claims underlying the settlement agreement were against the former director and parent company for insolvent trading and the resulting loss.
Key Takeaways
In Re Resource Development Group Limited (Administrators Appointed) [2025] WASC 408, the Court granted relief to the voluntary administrators of Resource Development Group Ltd (RDG) from personal liability under a loan arrangement and extended time for the registration of a related security interest.
Key Takeaway
In Re Bayview Health – Matilda Bay Pharmacy Pty Ltd; ex parte Smith & Jacobs [No 2] [2025] WASC 405, the Court held that a failure to provide the 14 days’ notice of a board meeting, required by a shareholder agreement, to appoint a voluntary administrator, was a procedural irregularity that could be cured.
Key Takeaway
On 26 August 2025, the Singapore International Arbitration Centre (SIAC) introduced the SIAC Restructuring and Insolvency Arbitration Protocol (Protocol), which took effect immediately.
Liquidator remuneration in insolvency proceedings often raises difficult questions; especially in large corporate collapses where the work is extensive and the stakes are high. Courts must balance fair compensation with creditor protection, but approaches to fee assessment have varied across jurisdictions, leading to uncertainty and dispute.
Introduction
On 18 September 2025, the Chancellor of the High Court, the Rt. Hon. Sir Julian Flaux announced the long-awaited publication of the updated Practice Statement in relation to schemes of arrangement and restructuring plans (the "New Practice Statement"). Revision of the existing Practice Statement was, in large part, driven by the rise in contested schemes and restructuring plans which, in turn, has put significant pressure on the Court system.
According to the latest statistics from the Australian Securities and Investments Commission (ASIC), the construction industry has faced sustained and accelerating financial distress over the past four years. Since FY 2021-2022, the number of insolvency appointments has almost tripled, with nearly 4,900 cases in FY 2024-2025 alone. And, the 744 cases already recorded for FY 2025-2026 indicate the construction industry continues to suffer severe financial distress.
In Otway (liquidator), in the matter of AMD Freight Pty Ltd (in liq) (No 2) [2025] FCA 1169 the Federal Court of Australia considered an application for termination of a winding up under the Corporations Act brought by the liquidators of AMD Freight Pty Limited (In Liquidation) (Compan