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    Walking the line: abuse of process in public examinations
    2022-02-02

    It is uncontroversial that:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Mills Oakley, Corporations Act 2001 (Australia)
    Authors:
    Mark Wenn , Alex Myers
    Location:
    Australia
    Firm:
    Mills Oakley
    The Death of the Peak Indebtedness Rule
    2021-05-14

    Despite ruling in favour of the peak indebtedness rule’s existence only 12 months prior, on Monday, the Federal Court reversed its decision in Badenoch Integrated Logging Pty Ltd to revoke the rule’s operation in Australia.

    Background

    The liquidators of Gunns, a major forestry enterprise, commenced proceedings for an unfair preference claim under section 588FA of the Corporations Act 2001 (Cth) against Badenoch Integrated Logging Pty Ltd, a haulage and timber harvesting contractor.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Samuel Barber
    Location:
    Australia
    Firm:
    Mills Oakley
    A Low Point for the Peak Indebtedness Rule
    2021-05-14

    Introduction

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Corporations Act 2001 (Australia)
    Authors:
    Ariel Borland , Nik Angelakis
    Location:
    Australia
    Firm:
    Mills Oakley
    (2B) or not (2B), that is the Question: Payments Required by a Deed of Company Arrangement Voidable as Unfair Preferences
    2020-05-18

    The Federal Court of Australia in Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] FCA 632 has examined the circumstances in which a payment made by a company subject to a deed of company arrangement may be challenged as an unfair preference.

    The principal question for Middleton J was whether payments required to be made by a deed of company arrangement were therefore made “under the authority of” the administrators, within the meaning of s 588FE(2B) of the Corporations Act 2001 (Cth).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Deed, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Jeremy Mackenzie , Joe Pokoney
    Location:
    Australia
    Firm:
    Mills Oakley
    Administrators’ tasks during COVID-19
    2020-05-14

    Virgin gets some good news! The Federal Court in the first significant legal case arising out of the Virgin collapse has again highlighted the need for flexibility in the application of insolvency laws during the COVID-19 crisis

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Coronavirus, Ford Motor Company, Deloitte, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Stephen Dickens , Mitch Ziebell
    Location:
    Australia
    Firm:
    Mills Oakley
    The role of section 447A of the Corporations Act 2001 (Cth) in the time of COVID-19 | Mills Oakley
    2020-05-05

    One of the first tasks required of an administrator appointed to a company is to facilitate communications with creditors and conduct creditors’ meetings.

    The below decision considers these tasks against the backdrop of public health orders designed to reduce the spread of COVID-19, and the Court’s continued broad application of section 447A of the Corporation Act 2001(Cth) (Act) and section 90-15 of the Insolvency Practice Schedule (Corporations)(Schedule).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Coronavirus, Ford Motor Company, Corporations Act 2001 (Australia)
    Authors:
    Kirsten Farmer
    Location:
    Australia
    Firm:
    Mills Oakley
    New Phoenixing Laws holding directors accountable
    2020-05-05

    The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Act) came into operation on 18 February 2020, and is intended to assist ASIC and liquidators to ‘detect and disrupt phoenix activity, and to prosecute directors and other professional advisors who engage in or facilitate the activity’.

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Mills Oakley, Board of directors, Goods and services tax (Australia), Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Kirsten Farmer , Jeremy Mackenzie
    Location:
    Australia
    Firm:
    Mills Oakley
    Section 447A to the Rescue: Court provides Colette Administrators with relief from rent
    2020-04-22

    On 15 April 2020, the Federal Court provided the Administrators of Colette with relief from personal liability with respect to the company’s lease obligations.

    Colette entered administration in February 2020, prior to the Coronavirus pandemic in Australia. In early March 2020, Administrators noticed sales had begun to substantially decline which had resulted in the company operating at a loss. The decline in sales dropped even further following the Government’s announcements regarding social isolation measures.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Mills Oakley, Landlord, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Jeremy Mackenzie , Kirsten Farmer
    Location:
    Australia
    Firm:
    Mills Oakley
    Table of Covid-19 Federal Tax, Cash Flow, Regulatory and Stimulus Measures
    2020-04-07

    Mills Oakley is a leading national law firm with offices in Melbourne, Sydney, Brisbane, Canberra and Perth. With over 100 partners and more than 670 staff, we offer strong expertise across all key commercial practice areas.

    From origins in Melbourne in 1864, Mills Oakley has grown to become a domestic leader in legal services with a client base of ASX-200 listed companies, mid-sized corporations, the public sector and not-for-profit organisations.

    Filed under:
    Australia, Aviation, Banking, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Mills Oakley, Subsidy, Coronavirus, Australian Taxation Office, Foreign Investment Review Board, Australian Securities Exchange, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Mills Oakley
    Insolvency Law Reforms
    2020-03-25

    With the proactive changes announced over the weekend by Treasurer Josh Frydenberg to the Corporations Act and the country’s insolvency laws, Australian businesses (and in particular small businesses) have been extended a lifeline for, at least, the next 6 months.

    In short, the main changes are:

    Filed under:
    Australia, Insolvency & Restructuring, Mills Oakley, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Stephen Dickens , Ashley Tiplady
    Location:
    Australia
    Firm:
    Mills Oakley

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