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 […]
ILRA new concepts
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 […]
My ABC interview on phoenix co
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.
ILRA: Is this all just a bad dream?
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 […]
ILRA commencement issues
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 […]
ILRA: Notice requirements
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 […]
Australian Insolvency Law 