The case of Macks v Viscariello  SASCFC 172 considers a number of important issues relating to duties of voluntary administrators. The Full Court’s decision finalises a long-running saga involving several […]
Recent Australian decisions have applied the ultimate beneficiary test for determining who is a creditor for the purposes of voting on a creditors’ scheme that seeks to restructure corporate bonds.
I’ve recently published an article with the University of Queensland Law Journal looking at whether Australia should introduce a mechanism to cram down dissenting classes of creditors in schemes of […]
The Insolvency Law Reform Act 2016 (Cth) (ILRA) makes significant changes to how creditors’ voluntary liquidations are commenced from 1.9.17. This post will outline the changes to the commencement of […]
The Insolvency Law Reform Act 2016 (Cth) (‘ILRA’) remakes the rules on creditor committees in insolvency (called ‘committees of inspection’ or COI). This post will explain the new law and […]
The second tranche of the Insolvency Law Reform Act 2016 (Cth) (‘ILRA’) started on 1.9.17. Over the next week, I’ll be doing a series of short posts on specific aspects […]
I was interviewed last night on ABC News Radio on the topic of phoenix companies and director identification numbers. They uploaded the whole 5 minute interview online.
The Insolvency Law Reform Act 2016 (Cth) (‘ILRA’) is scheduled to commence in two stages: initially on 1 March 1 2017 and the remainder on 1 September 2017. This is […]
The commencement of the Insolvency Law Reform Act 2016 (Cth) is generating confusion in the insolvency industry. This post discusses the commencement provisions and notes a recent decision in bankruptcy […]
The Insolvency Law Reform Act 2016 (Cth) imposes a range of new notification requirements for both personal and corporate insolvency practitioners. This post considers the scope of Div 35 of […]