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 arrangement. I compare Australian law (including the recent Boart case) with other jurisdictions such as the US, Singapore, Japan and several European countries to argue that debt restructuring would be easier and more efficient if Australian courts had the capacity to cram down dissenting classes rather than arguing over class composition issues. I’d welcome comments on the article as I am looking at doing further research on the use of schemes for debt restructuring purposes as part of my PhD.

You can find the article on AustLII’s journal database:

Class warfare in debt restructuring