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 […]
Category Archives: Restructuring
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 […]
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 […]
Treasury releases discussion paper
The Government’s Innovation Statement issued on 7 December 2015 adopted 3 recommendations from the Productivity Commission’s report ‘Business Set-Up, Transfer and Closure’ (released on the same day) aimed at promoting […]
Summary of UK pre-pack laws
One of the many discussion points in Australian insolvency circles concerns the use of pre-pack arrangements. A recent report prepared for the British parliament gives an up-to-date summary of the […]
Playing both sides-CDS and restructuring
The traditional theory of corporate debt restructuring is based on the notion that major creditors want to protect their loans and will support a restructuring plan that saves the business […]
