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    Justifying liquidator fees: UK Privy Council draws from Singapore framework
    2025-09-30

    Liquidator remuneration in insolvency proceedings often raises difficult questions; especially in large corporate collapses where the work is extensive and the stakes are high. Courts must balance fair compensation with creditor protection, but approaches to fee assessment have varied across jurisdictions, leading to uncertainty and dispute.

    Filed under:
    Singapore, United Kingdom, Insolvency & Restructuring, Litigation, Withers LLP, Liquidation, Singapore High Court
    Authors:
    Mohammed Reza , Justin Yip , Zhen Yu Lam , Hui Xuan Cheang
    Location:
    Singapore, United Kingdom
    Firm:
    Withers LLP
    Towards “orderly and efficient resolution”: the new practice statement in respect of schemes of arrangement and restructuring plans
    2025-09-30

    On 18 September 2025, the Chancellor of the High Court, the Rt. Hon. Sir Julian Flaux announced the long-awaited publication of the updated Practice Statement in relation to schemes of arrangement and restructuring plans (the "New Practice Statement"). Revision of the existing Practice Statement was, in large part, driven by the rise in contested schemes and restructuring plans which, in turn, has put significant pressure on the Court system.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White & Case LLP, Office of Foreign Assets Control (USA), Companies Act 2006 (UK)
    Authors:
    Charles Balmain , Ben Davies , Morvyn Radlow , John Rogerson , Will Stoner , Swati Tripathi , Serene Reza
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    Navigating Construction Industry Insolvency: Monitoring Insolvent Trading Risks
    2025-09-30

    According to the latest statistics from the Australian Securities and Investments Commission (ASIC), the construction industry has faced sustained and accelerating financial distress over the past four years. Since FY 2021-2022, the number of insolvency appointments has almost tripled, with nearly 4,900 cases in FY 2024-2025 alone. And, the 744 cases already recorded for FY 2025-2026 indicate the construction industry continues to suffer severe financial distress.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Construction, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Financial services
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Federal Court of Australia Exercises Statutory Power to ‘Stay’ and then terminate a Wind-Up Pending Effectuation of DOCA
    2025-09-30

    In Otway (liquidator), in the matter of AMD Freight Pty Ltd (in liq) (No 2) [2025] FCA 1169 the Federal Court of Australia considered an application for termination of a winding up under the Corporations Act brought by the liquidators of AMD Freight Pty Limited (In Liquidation) (Compan

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Deed of company arrangement, Financial services, Administration, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Blake Shaw
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    DOCA Administrator Granted Leave to Transfer Shares and Options
    2025-09-26

    In a recent decision, In the matter of Toys “R” Us ANZ Limited (subject to deed of company arrangement) [2025] FCA 1135, the Federal Court provided important clarification as to its discretionary power to permit the administrator of a deed of company arrangement to transfer share in the company. 

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Deed of company arrangement, Financial services, Administration, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    What are antecedent transactions in insolvency?
    2025-09-25

    What are antecedent transactions in insolvency?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Hill Dickinson, Liquidation, Insolvency
    Authors:
    Laura Smith
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    The importance of an appropriate registered office address
    <br>
    2025-09-22

    Winding-up proceedings are draconian and can lead to a company’s demise. For this reason the insolvency legislation stipulates that service of a winding up petition cannot take place by post, but instead must be personally delivered to a company’s registered office address.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, SE Solicitors, HM Revenue and Customs (UK)
    Authors:
    Petra van Dijk
    Location:
    United Kingdom
    Firm:
    SE Solicitors
    New Safeguarding Rules for UK Payment Firms: What Banks and Insolvency Practitioners Need to Know
    2025-09-17

    In this article, we examine (1) the new regime for safeguarding of customer funds applying to UK payment and electronic money institutions, (2) the impact these reforms will have on those firms and (3) in particular, the indirect effect the reforms will have on banks holding safeguarded funds and insolvency practitioners who manage the insolvency of a failed payment or electronic money institution.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Mayer Brown LLP, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Musonda Kapotwe , Devi Shah
    Location:
    United Kingdom
    Firm:
    Mayer Brown LLP
    Evidence is everything: strike out application dismissed as "hopeless and speculative" in the Insolvency and Companies Court - A Company -v- Visionary Future LLC & ors.
    <br>
    2025-09-16

    The Insolvency and Companies Court, in A Company -v- Visionary Future LLC & ors. (unreported), has dismissed an application by a company seeking to strike out, or alternatively restrain advertisement of, a winding-up petition brought by creditors. The judgment underlines the critical importance of providing proper and substantiated evidence in insolvency proceedings.

    Lewis Silkin acted for the petitioners (the respondents in the application), who have since been successful in winding up the company in question.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Lewis Silkin LLP, Due diligence, Insolvency, International Criminal Court
    Authors:
    Fraser Mitchell , Bella Lamplough Shields
    Location:
    United Kingdom
    Firm:
    Lewis Silkin LLP
    De Facto Director Liable for Insolvent Trading
    2025-09-16

    Inthe matter of Trinco (NSW) Pty Ltd (in liq) [2025] NSWSC 993, the New South Wales Supreme Court found Mr Azizi to be a de facto director of Trinco (NSW) Pty Ltd (in liq) (Trinco) and liable for insolvent trading. Trinco’s liquidator was awarded compensation, payable by Mr Azizi.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Directors' duties, Financial services, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal

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