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    Defensible DOCAs
    2026-05-01

    In recent years, we have seen the deed of company arrangement or "DOCA" being used in Australia by sophisticated investors as a restructuring tool of choice. This is primarily due to the swiftness in which a DOCA can be implemented and its flexibility to effect a broad range of restructuring transactions with relative ease.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Timothy Sackar , Jillian McAleese , Ashleigh Tang , Valarie Brewer
    Location:
    Australia
    Firm:
    White & Case LLP
    Is a scheme of arrangement a “Chapter 11” in disguise?
    2026-05-01

    To those familiar with both U.S. and Australian insolvency regimes, Australia's creditors' scheme of arrangement (Scheme) may appear, at first glance, to resemble a Chapter 11 restructuring in disguise. This is because both regimes facilitate creditor compromise, allow incumbent management to remain in control, involve court supervision and rely on class-based voting structures to approve a restructuring outcome.

    Filed under:
    Australia, USA, Insolvency & Restructuring, Litigation, White & Case LLP, Purdue Pharma, Corporations Act 2001 (Australia)
    Authors:
    Timothy Sackar , Gregory F. Pesce , Jillian McAleese , Marcus Carlei
    Location:
    Australia, USA
    Firm:
    White & Case LLP
    Section 447A: A significant reserve in a voluntary administrator’s statutory tool kit
    2026-05-01

    It is well understood that Australia's voluntary administration regime provides companies and their administrators with significant flexibility to promote business restructurings. This is in large part due to the statutory moratorium afforded to insolvent companies, allowing breathing space for the administrator to work with relevant stakeholders to promote a sale and/or restructuring via a deed of company arrangement.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, White & Case LLP, Virgin Australia Holdings, Corporations Act 2001 (Australia)
    Authors:
    Timothy Sackar , Jillian McAleese , Liam Beashel
    Location:
    Australia
    Firm:
    White & Case LLP
    Validation Orders: Balancing Asset Preservation and Business Continuity
    2026-04-30

    Imagine operating a company, only to find without any warning that the company’s bank accounts have been blocked. The immediate consequence is one of acute disruption and uncertainty. You learn that a winding-up petition has been filed against the company, triggering restrictions that effectively prevent it from carrying out ordinary financial transactions. At that point, a pressing question arises: how is the business expected to continue operating under such constraints?

    Filed under:
    Cyprus, Insolvency & Restructuring, Litigation, Elias Neocleous & Co LLC
    Authors:
    Iraklis Kyprianou
    Location:
    Cyprus
    Firm:
    Elias Neocleous & Co LLC
    Federal Court Confirms it has No Jurisdiction in Bankruptcy Matters
    <br>
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis
    Firm:
    McCarthy Tétrault LLP
    Professional services disputes and insolvency: Q1 2026 signals persistent pressure
    <br>
    1969-12-31
    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Insolvency, Insolvency Service (UK)
    Authors:
    James Parsons , Daniel Charity
    Firm:
    RPC
    Restructuring plans in Scotland
    2026-04-10

    The statutory restructuring plan mechanism, introduced by the Corporate Insolvency and Governance Act 2020, introduced a flexible, court-sanctioned tool to rescue financially distressed businesses. The take-up in England and Wales has been widespread, with several well-known names having plans approved. However, despite being available since summer 2020, Scottish restructuring plans remain remarkably rare.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts LLP, Dobbies Garden Centres, Corporate Insolvency and Governance Act 2020
    Authors:
    Nicola Ross
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts LLP
    Statutory demands in the digital age: can email be effective service?
    2026-04-20

    A statutory demand is a formal notice under the Corporations Act 2001 (Cth) (Act) requiring a company to pay a debt or provide security within a prescribed timeframe. Ignoring it can have serious consequences, including insolvency proceedings. In an era of digital communication, can a statutory demand be validly served by email?

    What does the law say?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, KHQ Lawyers, Australian Taxation Office, Australia Post, Corporations Act 2001 (Australia)
    Authors:
    Kathryn Lechner , Nahum Ayliffe
    Location:
    Australia
    Firm:
    KHQ Lawyers
    New Jersey bankruptcy court upholds debtor-chosen venue under Asset Based Approach
    1969-12-31
    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Herbert Smith Freehills Kramer LLP
    Authors:
    Megan M. Wasson , Rebecca Polinsky
    Firm:
    Herbert Smith Freehills Kramer LLP
    Solvency confirmations and transactions at undervalue: key considerations for companies and lenders in respect of connected party transactions
    2026-04-20

    Connected party transactions - transactions entered into between a company and persons or entities with a close relationship to it (such as directors, shareholders or group companies) - attract heightened scrutiny under the Insolvency Act 1986 (the Act). This is because connected parties are not independent of the transferring company and are often in a position to influence its decision‑making, giving rise to an increased risk that assets are transferred on non‑arm’s‑length terms.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP
    Authors:
    Matthew Padian , Lucy Trott , Millie Wakefield
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP

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