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Searching Content indexed under Financial Restructuring by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
So far, so good? Considering the success of safe harbour reforms in Australia
Safe harbour protection for company directors was one of a number of restructuring reforms to relax the insolvency laws.
Australia
21 May 2019
2
High Court confirms the validity of Holding DOCAs
However, a holding DOCA will not automatically be considered valid and each DOCA will be assessed on its own merits.
Australia
2 Jul 2018
3
The A to Z of Insolvency and Restructuring
The A to Z of Insolvency and Restructuring is a handy downloadable index of the difficult terms you need to understand.
Australia
26 May 2018
4
Court considers independence issues relating to appointment and funding of special purpose liquidator.
Recent case - application to appoint special purpose liquidators & to obtain Court approval of funding & legal arrangements.
Australia
22 May 2018
5
New insolvency reforms are on the way: How will they affect you?
Viable but underperforming companies will have an opportunity to implement a turnaround strategy or sale of the business.
Australia
5 Mar 2018
6
Insolvency reform: Stay of ipso facto provisions will provide breathing space for companies facing insolvency
Safe harbour provisions and restrictions on the operation of "ipso facto" provisions in contracts have been introduced.
Australia
14 Dec 2017
7
A change in the Australian restructuring landscape.
Insolvency law reforms and recent approach adopted in the Ten decision change the restructuring landscape significantly.
Australia
29 Nov 2017
8
Channel Ten: Administrators vindicated
The proponent of a DOCA, an attempt to save the company, should be allowed to vote as a creditor in favour of the DOCA.
Australia
25 Sep 2017
9
Phoenixing rising: corporate misuse of FEG sparks crackdown
The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.
Australia
5 Jun 2017
10
Scheming and restructuring to protect creditors
This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.
Australia
29 May 2017
11
Any port in a storm? Analysing safe harbour and ipso facto insolvency reforms
These amendments should provide companies with necessary breathing space to implement a financial restructuring plan.
Australia
8 May 2017
12
Trust me: Liquidators justified in using trust funds to investigate potential claims available to trustee
A Court will consider the best interests of creditors and sanction conduct which may be of advantage to the liquidation.
Australia
8 Nov 2016
13
Hopelessly insolvent – DOCA terminated in favour of public interest
When determining if a DOCA is to be terminated, public interest can, and often will, outweigh any benefit to creditors.
Australia
20 Sep 2016
14
Court allows deed administrator to transfer shares in a company's restructure without the consent of the shareholders
Section 444GA can give effect to a company restructure to transfer shares when shareholders refuse to give consent.
Australia
10 Jan 2016
15
Pay back - deed administrator may need to pay back remuneration to satisfy costs orders
An administrator who unsuccessfully defended a proceeding may need to reinstate any remuneration previously received,
Australia
20 Dec 2015
17
DOCAs, material omissions and the spectre of bias by administrators
The Court provided guidance for administrators as to material omission or misstatement in their Section 439A Reports.
Australia
7 Sep 2015
18
DOCA extinguishes secured creditor's debt - Whether they like it or not
The DOCA had extinguished the secured creditor's debt, even though the secured creditor had abstained from voting.
Australia
19 Aug 2015
19
Creditor’s pumped up priority brings down DOCA
This decision cautions against DOCAs that prefer certain creditors, unless there is a clear benefit to all creditors.
Australia
18 Nov 2014
20
Investigation ordered into Controller’s performance of its functions and powers under s423 of the Corporations Act
The Court was easily able to order an investigation into the performance of a Controller's functions and powers.
Australia
28 Oct 2014
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