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    The possibilities of Part X deeds of arrangement
    2010-11-09

    Introduction
    Facts
    High Court judgment


    Introduction

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Piper Alderman, Beneficiary, Debt, Deed, Australian dollar, Australian Securities and Investments Commission, Trustee, High Court of Australia
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Piper Alderman
    The National Insolvent Trading Program Report
    2010-11-30

    On 13 October 2010 ASIC released the National Insolvent Trading Program (NITP) Report, which sets out key messages, promoting greater director responsibility by encouraging directors to remain properly and fully informed about a company’s financial affairs, and to be aware of the implications of insolvent trading; and to seek (timely) professional advice from accountants, lawyers and insolvency practitioners.

    After consulting over 1500 companies displaying solvency concerns, ASIC has identified several possible insolvency indicators including:

    Filed under:
    Australia, Insolvency & Restructuring, Piper Alderman, Regulatory compliance, Audit, Option (finance), Debt, Refinancing, Cashflow
    Authors:
    Malcolm Quirey
    Location:
    Australia
    Firm:
    Piper Alderman
    Third-party releases and deeds of company arrangement: Lehman Brothers v City of Swan
    2010-04-29

    Insolvency Partner, Amanda Banton and Lawyer, Anna MacFarlane summarise the High Court’s judgment delivered on 14 April 2010 in which the Court held, as the Full Court of the Federal Court held in first instance, that, properly construed, Pt 5.3A of the Corporations Act (Cth) 2001 does not permit third-party releases within DOCAs.

    The important features of the judgment:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Consideration, Debt, Deed, Liquidator (law), Collateralized debt obligation, Lehman Brothers, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    High Court rules on third-party releases within deeds of company arrangement
    2010-05-25

    Background
    Judgment
    Schemes of arrangement
    Costs

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Consideration, Debt, Deed, Liquidation, Majority opinion, Lehman Brothers, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Piper Alderman
    Legislation tabled to reverse Sons of Gwalia
    2010-06-25

    As foreshadowed earlier this year, on 2 June 2010 the Minister for Financial Services, Superannuation and Corporate Law, Chris Bowen MP introduced the Corporations Amendment (Sons of Gwalia) Bill 2010. Associate, Justin Le Blond summarises the Bill.

    The proposed amendments in the Bill will return the order of claims in a corporate winding-up to the situation that was commonly understood to exist prior to the Sons of Gwalia judgment. That is, priority will be given to creditors ahead of shareholders in granting access to the equity of an insolvent company.

    Filed under:
    Australia, Insolvency & Restructuring, Piper Alderman, Share (finance), Shareholder, Credit (finance), Liquidation, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    The impact of the Personal Property Securities Act on leasing or hiring equipment
    2010-06-25

    This is the second of a series of articles that will examine the impact of the Personal Property Securities Act 2009 on specific business sectors. In this article Corporate Lawyer, Llon Riley deals with the impact of the PPSA on leasing or hiring equipment.

    Filed under:
    Australia, Asset Finance, Insolvency & Restructuring, Piper Alderman, Interest, Personal property, Intangible asset, Aircraft registration, Unsecured creditor, Securities Act 1933 (USA)
    Location:
    Australia
    Firm:
    Piper Alderman
    City of Swan v Lehman Brothers: deed of company arrangements and third party releases
    2010-03-26

    The High Court of Australia is expected soon to hand down its judgment in Lehman Brothers v City of Swan. It is likely that this judgment will definitively determine whether Deeds of Company Arrangement under Pt 5.3A of the Corporations Act (“the Act”) are able to force creditors to give releases to third parties. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Bankruptcy, Statutory interpretation, Dividends, Deed, Liquidator (law), Collateralized debt obligation, Bankruptcy discharge, Right to property, Lehman Brothers, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    Summons for public examinations have extraterritorial effect
    2009-09-15

    The significant increase in the number of companies passing into liquidation in the current economic climate has focussed Courts on whether they can summons a non-resident. Dispute Resolution Associate, Justin Le Blond, examines the position.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Extraterritoriality, Corporations Act 2001 (Australia), High Court of Justice (England & Wales), Federal Court of Australia, New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Piper Alderman
    High Court decision on subrogation and a first mortgagee’s obligations to guarantors
    2009-11-30

    The High Court’s recent decision in Bofinger v Kingsway involves the law respecting sureties, their obligation to indemnify the creditor and right to indemnity by the principal debtor, and the operation of the doctrine of equity associated with the term “subrogation”.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Piper Alderman, Surety, Debtor, Solicitor, Debt, Mortgage loan, Liquidation, Default (finance), High Court of Justice (England & Wales)
    Authors:
    Tom Griffith
    Location:
    Australia
    Firm:
    Piper Alderman
    Federal government steps in to overturn Sons of Gwalia ruling
    2010-02-17

    The High Court of Australia’s Sons of Gwalia Ltd v Margaretic (Sons of Gwalia) decision recognised an aggrieved shareholder’s claim for damages (in relation to the acquisition of shares) on equal footing with those of an insolvent company’s other unsecured creditors. Dispute Resolution Associate, Justin Le Blond, examines the Government’s response to the decision.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Bond market, Shareholder, Unsecured debt, Debt, Misrepresentation, Liquidation, Corporate bond, Distressed securities, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman

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