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    Hanjin Shipping recognition proceedings answer question about extent of the automatic stay under the Model Law on Cross-Border Insolvency
    2017-01-17

    Readers will recall that on 23 September 2016 we posted an article about recognition under the UNCITRAL Model Law on Cross-Border Insolvency (Model Law) of the Korean rehabilitation proceedings for Hanjin Shipping.

    Filed under:
    Australia, Global, South Korea, Insolvency & Restructuring, Litigation, Shipping & Transport, McCullough Robertson, UNCITRAL
    Location:
    Australia, Global, South Korea
    Firm:
    McCullough Robertson
    Insolvent contractor cannot take advantage of security of payment legislation
    2017-01-23

    Tantallon Constructions Pty Ltd (in liq) v Santos GLNG & Anor [2016] QDC 324

    Significance

    Filed under:
    Australia, Queensland, Construction, Insolvency & Restructuring, Litigation, MinterEllison
    Authors:
    Petrina Macpherson
    Location:
    Australia
    Firm:
    MinterEllison
    Examination of liquidator - legitimate or abuse of process?
    2017-01-31

    Liquidators can rest assured that courts are reluctant to interfere in their commercial judgments or permit liquidators to be personally exposed to mandatory examinations under s596ACorporations Act 2001 (Cth) (Act).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Abuse of process, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Rena Solomonidis , Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Another timely warning to register security interests on the PPSR - and to do it right
    2017-02-06

    Last week the Supreme Court of New South Wales provided another timely reminder to ensure that all security interests are correctly registered on the Personal Property and Securities Register (PPSR) through the decision In the matter of OneSteel Manufacturing Pty Ltd (administrators appointed) [2017] NSWSC 21.

    The facts

    Alleasing Pty Ltd leased a crushing and screening plant (for approximately $4 million annually in rent) and spare parts for the crusher to OneSteel Manufacturing Pty Limited.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Cooper Grace Ward, Corporations Act 2001 (Australia)
    Authors:
    Rocco Russo , Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    Non-Disclosure & Misrepresentation under the Insurance Contracts Act 1984 (Cth)
    2017-02-06

    Whether an insured had misrepresented and/or failed to disclose to an insurer that its professional services encompassed directors and officers services.

    In Issue

    • Non-Disclosure and misrepresentations by insureds
    • Consideration of sections 21 and 26 of the Insurance Contracts Act 1984 (Cth)

    The Background

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Barry Nilsson, Misrepresentation, Liquidator (law)
    Location:
    Australia
    Firm:
    Barry Nilsson
    ABN or ACN? Onesteel decision establishes an exact match system for PPSA identification of grantors
    2017-02-07

    On 31 January 2017, Brereton J of the Supreme Court of New South Wales in In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 declared that the interests of Alleasing Pty Limited as lessor of a certain crusher and spare parts had vested in OneSteel Manufacturing Pty Limited, effectively giving ownership of the leased assets to the insolvent estate to be realised for the benefit of creditors generally after the company mistakenly registered the financing statements against Onesteel’s ABN rather than its ACN.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    John Angus , Paul Apáthy , Mark Clifton , Tony Coburn
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Quantifying A Claim for Insolvent Trading - Case Update
    2017-01-09

    The recent decision in Re Swan Services Pty Limited (in liq)

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    David Walter
    Location:
    Australia
    Firm:
    Baker McKenzie
    To stay or not to stay? Stay and suspension of enforcement proceedings in cross border insolvencies
    2016-12-09

    This week’s TGIF considers Tai-Soo Suk v Hanjin Shopping Co Ltd [2016] FCA 1404 in which the Court was required to determine the scope of a stay arising under the UNCITRAL Model Law on Cross Border Insolvency.

    BACKGROUND

    A Korean shipping company was subject to ‘rehabilitation’ proceedings in Korea. Rehabilitation proceedings seek to ‘rehabilitate’ insolvent debtors by restructuring their debt pursuant to a rehabilitation plan approved by the creditors and the Rehabilitation Court.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor, Debt, Liquidation, Admiralty law, UNCITRAL, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Director's entitlement to receiver's books justified
    2016-12-13

    In Navarac v Pty Ltd v Carrello [2016] WASC 327, the court-appointed receiver and manager of Esperance Cattle Company Pty Ltd had applied for orders from the court to conclude the receivership.

    In order to prepare evidence and submissions to oppose the receiver's application, a director of the company applied to inspect certain documents, which she asserted were or might be held by the receiver.

    Filed under:
    Australia, Western Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Corporations Act 2001 (Australia)
    Authors:
    Myles O'Brien , Susan Rowe , Bridie McKinnon , Scott Abel , David Perry , Peter Niven , Scott Barker , Jan Etwell , Willie Palmer , Kelly Paterson
    Location:
    Australia
    Firm:
    Buddle Findlay
    No conflict of interest for special purpose liquidators despite involvement in contractual compliance audit
    2016-12-13

    In State of Victoria v Goulburn Administration Services (In Liquidation) & Ors [2016] VSC 654, the Victoria Supreme Court appointed two partners of Ernst & Young (EY) as special purpose liquidators (SPLs) of two companies, despite EY's involvement in carrying out contractual compliance audits before those companies went into liquidation.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Buddle Findlay, Conflict of interest, Audit, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Susan Rowe , Peter Niven , David Perry , Bridie McKinnon , Kelly Paterson , Jan Etwell , Scott Barker , Scott Abel , Willie Palmer , Myles O'Brien
    Location:
    Australia
    Firm:
    Buddle Findlay

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