Standing to seek winding up order
The NSW Court of Appeal has recently discussed the standing rules for applicants seeking a winding up order in Treadtel International Pty Ltd v Cocco [2016] NSWCA 360. This decision […]
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 […]
A call for another Harmer Report
Michael Murray and I launched the 9th edition of Keay’s Insolvency last Monday night. The launch was hosted by leading international insolvency and restructuring firm Ferrier Hodgson. At the launch, […]
Planet Platinum-invalid VA appointments
The decision in ASIC v Planet Platinum Ltd (in liq) [2016] VSC 120 (1 April 2016) raises interesting issues relating to the duties of administrators to confirm the validity of […]
Could Arrium be the next Bell Group?
News broke yesterday of the banks rejecting Arrium’s rescue package proposed by GSO Capital Partners that would have involved the banks taking a big haircut on their reportedly unsecured loans. […]
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 […]
New article on share issues during VA
I’ve just published an article on using share issues to dilute minority shareholders using a loan to own strategy in the ARITA journal out this month.
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 […]
A guide to US Chapter 15
A new article from attorneys at Latham and Watkins in the US provides a detailed exposition of the current law on Ch 15 proceedings. This will be useful for Australian […]
Private equity and bankruptcy
The Ch 11 of Caesars Entertainment Operating Company Inc has raised questions regarding the conduct of private equity firms prior to its bankruptcy filing in echoes of the current debate […]
