In what was deemed an “unprecedented” application, the High Court recently refused to confirm the appointment of an interim examiner to a special purpose vehicle incorporated to develop commercial property. The Court determined that the company was not the “type of company for which examinership was designed”. The decision highlights some of the factors that the Court will consider when exercising its discretion to confirm the appointment of an examiner.

The Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025 aims to provide greater protection to employees where their employer becomes insolvent. The Bill will allow greater access to a Social Insurance Fund to protect employee pay-related entitlements and claims for historic entitlements over the previous 40 years. The devil is in the detail, however, with very specific caps and limitations.