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    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
    Can an inquorate board of a public company appoint a voluntary administrator?
    2021-09-19

    In Australia, public companies are required to have at least three directors (s 201A(2) of the Corporations Act 2001 (Cth) (Act)). However, in exceptional circumstances, a public company might find itself with fewer than three directors – for example, where the other board directors resign because of some disagreement.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Public company, Due diligence, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Preference claims: the abolition of the ‘Peak Indebtedness Rule’ in Badenoch - Explanation & Implications
    2021-08-28

    The peak indebtedness rule employed by liquidators to maximise recovery of unfair preference claims is abolished

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Practice note: drafting DOCAs - Words of caution from the case of Antqip Hire
    2020-05-18

    Antqip Hire highlights the importance of drafting a DOCA carefully, and properly communicating to creditors the commercial risks

    The case of Antqip Hire was brought by the liquidators of two related entities (Antqip Pty Limited and Antqip Hire Pty Limited).

    Orders were sought determining:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Replacing a voluntary administrator: How? Why?
    2020-04-27

    A voluntary administrator is often appointed by the company. The directors have a role in selecting the administrator; often the referral will come through one of the company’s advisers, such as the accountant or lawyer.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Liquidators, winding-up and public examinations: Important NSW Supreme Court decision connects the dots
    2020-03-20

    National Rugby League (NRL) was successful in setting aside a summons for public examination obtained by the liquidator of Newheadspace Pty Limited (Newheadspace). The Court also awarded NRL its costs. The Court found that the creditors’ voluntary winding-up of Newheadspace was an abuse of process, and that the summonses were obtained for an improper purpose.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Ironbridge Legal
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Limits to the public examination summons - Arrium v Walton
    2020-08-10

    A recent case in the NSW Court of Appeal clarifies the purpose, and limits, of a public examination summons

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Rent as a voluntary administration expense during a ‘standstill period’ takes priority
    2020-07-23

    The PAS Group decision reaffirms the principle that rent incurred during the administration period takes priority in the winding-up payment waterfall

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Ironbridge Legal, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Privy Council recommends stay of winding up application in favour of arbitration
    2023-10-24

    In FamilyMart China Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding Corporation (Appellant) (Cayman Islands) [2023] UKPC 33, the Privy Council has provided useful guidance about the interplay between an arbitration agreement and exercise of the Cayman court’s powers and discretion to wind up a company on just and equitable grounds.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ironbridge Legal, Shareholder, Arbitration clause, Dispute resolution, Winding-up, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal

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