The Combatting Illegal Phoenixing Bill 2019
The Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 was reintroduced into Federal Parliament on 4 July 2019, after lapsing at the last election. This Bill is another example of using […]
Treading a fine line in restructuring work
Facilitating restructuring and turnaround of companies in financial difficulty is one of the goals of Australia’s modern corporate insolvency laws. A recent case (Walton Constructions) has highlighted some of the […]
Assessing VA: Comparing the use of business rescue laws
This post compares the numbers of companies using corporate rescue laws across Australia, Canada, England and the United States.
Corporate insolvency by the numbers
I’ve been reading over several ASIC statistical reports recently while working on my PhD and some figures really jumped out at me in the Series 3.3 (time series) report from […]
The treatment of shareholders in VA
Amendments to the Corporations Act in 2010 to address concerns with the effect of the High Court’s Sons of Gwalia decision introduced a new regime for insolvency practitioners to deal […]
Duties of voluntary administrators
The case of Macks v Viscariello [2017] 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 […]
Restructuring note issues: identifying the ultimate beneficiary
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.
My article on class issues in schemes
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 […]
ILRA: CVL commencement changes
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 […]
ILRA: Committees of Inspection
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 […]
