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    Bell Group appeal: issues for directors and creditors
    2012-11-05

    Introduction

    In the latest episode in one of Australia's most complex and lengthy commercial disputes, the Western Australia Court of Appeal recently dismissed an appeal by a syndicate of banks (the Banks) from a decision in favour of the liquidators of the Bell Group (the Group): Westpac Banking Corporation v The Bell Group Limited (in liquidation) [No 3] [2012] WASCA 157.

    Filed under:
    Australia, New Zealand, Western Australia, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Bell Gully, Shareholder, Prejudice
    Authors:
    Tim Fitzgerald , Liam McNeely
    Location:
    Australia, New Zealand
    Firm:
    Bell Gully
    Bankrupt New Zealander bankrupted in Australia
    2011-11-09

    Introduction  

    Another failed property developer has just been made bankrupt in Australia, this time with a difference – he was already bankrupt in New Zealand. Bank of Western Australia (Bank) v David Stewart Henderson (No. 3) [2011] FMCA 840 is another Australian cross-border insolvency case in which we have successfully tested the boundaries of the Cross-Border Insolvency Act 2008 (Cth) (the CBIA), this time with the Bankruptcy Act 1966 (Cth).

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Debtor, Common law, Prejudice, UNCITRAL, Trustee
    Authors:
    David Goldman , Michael Rose
    Location:
    Australia, New Zealand
    Firm:
    Norton Rose Fulbright
    The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from AMACA
    2011-03-03

    Your insurer goes bust – can you as an insured claim the reinsurance proceeds? An important decision in the NSW Supreme Court gives useful guidance on when a court will allow departures from the statutory scheme controlling the application of reinsurance proceeds (Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90).

    The insurer goes broke, and there are all these claimants at the door…

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Unsecured debt, Consideration, Debt, Reinsurance, Liquidation, Underwriting, Liquidator (law), Prejudice, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Karen O'Flynn
    Location:
    Australia
    Firm:
    Clayton Utz
    Acquiring distressed companies
    2010-08-19

    Key Points: An administrator of a deed of company arrangement has been allowed to sell the company over a shareholder's objections.

    The GFC has seen a significant rise in the number of corporate insolvencies.[1]

    Many of those insolvencies have been the result of tighter credit, rather than a collapse of the company's business. It's no surprise, therefore, that there is a major appetite for the acquisition of distressed businesses and companies.

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz, Share (finance), Shareholder, Credit (finance), Debt, Deed, Liquidation, Prejudice, Corporations Act 2001 (Australia)
    Authors:
    David Landy
    Location:
    Australia
    Firm:
    Clayton Utz
    Transfer of reinsurance assets abroad
    2008-05-21

    MCGRATH AND ANOTHER v RIDDELL, House of Lords, 9 April 2008

    The liquidators of the HIH group of Australian insurance companies appealed against the decisions of the High Court and the Court of Appeal that certain assets of the HIH group, mostly reinsurance claims on policies taken out in the London market, should not be remitted to Australia. The courts instead ordered that the assets should remain in England and be distributed to creditors in accordance with English insolvency laws.

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Mills & Reeve LLP, Liability (financial accounting), Reinsurance, Liquidation, Remand (court procedure), Common law, Liquidator (law), Prejudice, House of Lords, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Location:
    Australia, United Kingdom
    Firm:
    Mills & Reeve LLP
    Tenant in trouble? What you can do
    2009-09-01

    The different types of insolvency

    When a corporate tenant becomes insolvent, the landlord's rights depend upon the type of insolvency administration to which the tenant is subjected. Being familiar with the different options and the ways in which they are administered will enable property owners to act early and put themselves in the best possible position when faced with an insolvent (or potentially insolvent) tenant.

    The three most common forms of insolvency administration which may affect corporate tenants are discussed below.

    Filed under:
    Australia, Insolvency & Restructuring, Real Estate, Hall & Wilcox, Landlord, Leasehold estate, Discrimination, Board of directors, Debt, Deed, Liquidation, Secured creditor, Liquidator (law), Prejudice, Debenture, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Business continuity – court-supervised reorganisations
    2009-06-04

    The Business Continuity Act of 31 January 2009 (the "Act") creates a variety of flexible tools to promote business recovery. This update focuses on the new judicial (i.e., court-supervised) reorganisation proceedings (as opposed to out-of-court workouts and court-supervised sales of the business).

    Simplified access to proceedings

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Debtor, Interest, Debt, Consent, Foreclosure, Prejudice, Dissolution (law), Business continuity
    Authors:
    Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh
    Courts give the green light for fraud-based class actions in Canadian insolvency proceedings
    2016-10-20

    Both of Canada’s primary insolvency statutes, the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) provide for an automatic stay of all legal proceedings when an insolvent debtor files for or seeks insolvency protection. The purpose of the stay is to provide breathing space to a debtor attempting to restructure its business so as to avoid “death by a thousand cuts” and also to ensure similarly situated creditors are treated equally.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Shareholder, Debtor, Fraud, Class action, Legal burden of proof, Prejudice, Prima facie, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Setting aside DOCAs and exercising the casting vote
    2016-08-05

    This week’s TGIF considers Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848 which considers setting aside a DOCA and the administrator’s casting vote.

    FACTS OF THIS CASE

    After complex litigation with Britax, Infa Products lost the case and as a direct consequence, appointed administrators.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Breach of contract, Board of directors, Deed, Liquidation, Voting, Liquidator (law), Prejudice, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    PPSA - Curing a defective registration
    2016-08-17

    The importance of security holders accurately registering their interest on the Personal Property Securities Register (PPSR) to create a valid, enforceable interest is constantly emphasised in commentary and cases. It is accepted that an error in a grantor’s identifier is likely to be fatal to a PPSR registration1, often resulting in a creditor’s unperfected interest vesting in a company upon it entering administration or liquidation. However, a recent decision of the New South Wales Supreme Court illustrates that a defective registration may be cured without losing priority.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Legal personality, Collateral (finance), Security (finance), Interest, Debt, Ex parte, Personal property, Liquidation, Conveyancing, Secured creditor, Prejudice, Aircraft registration, Securities Act 1933 (USA), Corporations Act 2001 (Australia)
    Authors:
    Katherine Payne
    Location:
    Australia
    Firm:
    Hall & Wilcox

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