Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    High Court clarifies the scope of public examinations and extends the range of ‘eligible applicants’
    2022-02-17

    In Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3, the High Court extended the purpose for which, and incidentally parties by whom, public examinations may be used.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Public company, Board of directors, Dispute resolution, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Dubai courts: A stark warning for directors of companies in liquidation
    2021-10-18

    On 10 October, the Dubai Court of First Instance issued a potentially ground-breaking judgment in respect of directors’ liability in the context of corporate insolvency.

    In particular, in the matter of the liquidation of the public company Marka PJSC (“Marka”), the Court held the company’s board of directors and managers personally and jointly liable for the company’s outstanding debts, totalling close to AED 450 million.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Public company, Bankruptcy, Board of directors, Liquidation, Corporate liability, Directors' duties, Dubai International Financial Centre, Abu Dhabi Global Market, Companies Act
    Authors:
    Lucas Pitts , Yannick Hefti , Kimia Kalantarian , Rana Sebaly
    Location:
    United Arab Emirates
    Firm:
    Bird & Bird LLP
    Can an inquorate board of a public company appoint a voluntary administrator?
    2021-09-19

    In Australia, public companies are required to have at least three directors (s 201A(2) of the Corporations Act 2001 (Cth) (Act)). However, in exceptional circumstances, a public company might find itself with fewer than three directors – for example, where the other board directors resign because of some disagreement.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Public company, Due diligence, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Opportunities in the wake of collapsed agricultural managed investment schemes
    2010-02-17

    In brief

    Courts have recently approved a number of means by which external administrators can realise value from insolvent agricultural managed investment schemes and deal with the rights of growers and sponsor creditors:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Public company, Liquidation, Tax deduction, Due diligence, Investment funds, Liquidator (law), Constitutional amendment
    Authors:
    Robert Nicholson , Paul Branston
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    ASIC issues draft guidance on insolvent trading
    2009-12-04

    In response to a degree of uncertainty as to a director's statutory duty to prevent insolvent trading, the Australian Securities and Investments Commission (ASIC) has released a consultation paper containing a number of proposals on this fundamental duty (Consultation Paper 124: Duty to prevent insolvent trading: Guide for directors). Importantly for directors, the consultation paper (which contains a draft Regulatory Guide) identifies the factors ASIC considers when deciding to commence an investigation in relation to possible insolvent trading.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Hall & Wilcox, Public company, Security (finance), Board of directors, Budget, Debt, Cashflow, Non-executive director, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    James Morvell , John Bassilios
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court
    2016-09-28

    Pacific Exploration & Production Corporation ("the Company"), a Canadian public company who explore and produce natural gas and crude oil with operations focused in Latin America. In April 2016, the Company obtained an initial order from the Ontario Superior Court for protection under the Companies' Creditors Arrangement Act for the restructuring of the Company.

    Filed under:
    Canada, Colombia, USA, Insolvency & Restructuring, Litigation, Ashfords LLP, Public company, Letter of credit, Debtor, Natural gas, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Ontario Superior Court of Justice
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Canada, Colombia, USA
    Firm:
    Ashfords LLP
    Misconduct and mismanagement: Winding up on the just and equitable ground
    2016-04-19

    Introduction

    In most cases, the precondition for the appointment of a liquidator and the winding up of a company by a court is that a company is insolvent. However, in some cases courts will make these orders in the context of a shareholders dispute where there is a management deadlock or a breakdown in trust and confidence between shareholders. Additionally, a court may make these orders where there has been serious fraud or mismanagement in the conduct of a company’s affairs.

    Relevant law

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Hall & Wilcox, Public company, Shareholder, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Tom McMahon
    Location:
    Australia
    Firm:
    Hall & Wilcox
    HIH Insurance - the end of direct reliance in investor class actions?
    2016-05-05

    Summary

    The recent New South Wales Supreme Court decision in Re HIH Insurance Ltd (In Liquidation)1 has potentially significant implications for securities class actions where there are allegations that a listed company has failed to disclose material information to the market and/or engaged in misleading and deceptive conduct causing the company's shares to trade at an inflated price.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, Lander & Rogers, Public company, Class action
    Authors:
    Matt Dudakov , Jonathan Hunt , Julie Smith , Jennifer Smith , Giana Laidlaw
    Location:
    Australia
    Firm:
    Lander & Rogers
    Misconduct and mismanagement: Winding up on the just and equitable ground
    2016-04-19

    Introduction

    In most cases, the precondition for the appointment of a liquidator and the winding up of a company by a court is that a company is insolvent. However, in some cases courts will make these orders in the context of a shareholders dispute where there is a management deadlock or a breakdown in trust and confidence between shareholders. Additionally, a court may make these orders where there has been serious fraud or mismanagement in the conduct of a company’s affairs.

    Relevant law

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Hall & Wilcox, Public company, Shareholder, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Tom McMahon
    Location:
    Australia
    Firm:
    Hall & Wilcox
    A new tool in distressed public company M&A
    2014-09-26

    Summary

    Filed under:
    Australia, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Herbert Smith Freehills LLP, Share (finance), Public company
    Authors:
    Andrew Rich , Nick Baker
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days