Publications
Our experienced Insolvency & Restructuring legal team regularly publishes articles and updates - the full list of publications appears below. Recent high-profile insolvencies have highlighted the need for all companies to be aware of their liabilities and responsibilities under the law. If you'd like to be notified when we add new insolvency & restructuring publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
For publications in other legal areas see our recent publications page.
For an overview of the most important cases and developments in this area, see our series of Annual Reviews.
- 19 November 2008
Focus: Insolvency & RestructuringPartner Diccon Loxton looks at the recent decision of the Western Australian Supreme Court in the Bell Group Ltd litigation, which is a timely case study of the legal issues involved in work-outs and corporate guarantees
- 05 November 2008
Paper: Insolvency & RestructuringInsolvent trading: The latest developments and uncertain future
- 21 October 2008
Focus: Insolvency/InsurancePartner Michael Quinlan and Senior Associate Claire Forster consider the decision of the Supreme Court of New South Wales in New Cap Reinsurance Corporation (in liq) v Grant and discuss the implications for insolvency practitioners and insurance and reinsurance companies
- 02 September 2008
Focus: InsolvencyIn January 2008, the Court of First Instance in Hong Kong approved the appointment of one of the receivers of an insolvent company as a joint and several liquidator despite the potential conflict of interest. Partner Simon McConnell and Senior Associate Mun Yeow look at the importance of the ruling in Re Orient Power Holdings Limited
- 27 May 2008
Focus: InsolvencyPartner Anne Ferguson and Lawyer Eloise Dias discuss a recent Federal Court decision that considers whether contractual debts to a litigation funder for fees, expenses and a percentage of the proceeds will take priority over the claims of secured creditors
- 20 May 2008
Focus: Insurance & ReinsuranceThe Full Court of the Federal Court has held that an applicant can join an insurer to legal action against the insured, even if the insured does not wish to seek indemnity from the insurer. Partner Jenny Thornton and Law Graduate Bryn Dodson look at the decision in Employers Reinsurance Corporation v Ashmere Cove Pty Ltd that has potentially wide-ranging consequences for insurers
- 07 May 2008
Paper: Mistakes and Misdeeds: External Administrators, Personal Liability and Loss of OfficeThis paper is concerned with things that can go wrong from the perspective of an insolvency practitioner engaged in an external administration governed by the Corporations Act 2001 (Cth)
- 18 April 2008
Focus: Insolvency / InsuranceThe House of Lords has acceded to a letter of request that the English court received from the Supreme Court of New South Wales and has ordered that assets held by the HIH group of companies in England should be remitted to Australia for distribution in accordance with Australian law. Partner John Morgan and Senior Associate Christopher Prestwich report
- 11 April 2008
Focus: InsolvencyThe High Court has held that a court cannot extend the time to comply with a statutory demand if the time for compliance has already passed. Partner Malcolm Stephens, Lawyer Anthony Lepere and Law Graduate Bryn Dodson look at the High Court's decision that provides welcome certainty for creditors
- 17 March 2008
Focus: Banking & FinanceThe appointment of an administrator to a borrower by its directors or a third party can pose risks for a secured creditor. In particular, it will be restricted, and delayed, from enforcing its security during the period of the administration. Senior Associate Nicholas Adkins and Lawyer Valeska Bloch report on the statutory steps involved in a voluntary administration and consider the potential risks for a secured creditor and ways these can be mitigated
- 12 March 2008
Paper: The Administrator's Casting VotePartner Michael Quinlan and Senior Associate Michael Popkin discuss regulations of the Corporations Regulations 2001 which apply to the convening, conduct of and voting at all creditors' meetings (as well as meetings of members, committees of inspection and committees of creditors) convened under Parts 5.3A, 5.4, 5.4B, 5.5 and 5.6 of the Corporations Act 2001 (Cth) (the Act) which deal with voluntary administration, deeds of company arrangement and liquidation.
- 15 February 2008
Client Update: InsolvencyDraft legislation to incorporate the UNCITRAL Model Law on Cross-Border Insolvency into Australian law, first introduced in September 2007 by the previous Federal Government, has been reintroduced into Parliament by the newly appointed Minister for Superannuation and Corporate Law as a new Senate Bill. Partner Paul Nicols and Senior Associate Michael Popkin report
- 15 February 2008
Paper: Unravelling the latest court decisionsPartner Michael Quinlan discusses four issues and concentrates on analysing four of the more interesting decisions of 2007
- 05 December 2007
Paper: How to tell if an insurance company is insolvent: what lessons we can learn from past insurance company collapsesAAR partner Michael Quinlan discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions
- 30 November 2007
Paper: Statutory DemandsSenior Associate Christopher Prestwich and Lawyer Adrian Fisher discuss the statutory demand regime in Part 5.4 of the Corporations Act 2001 (Cth)
- 17 October 2007
Focus: InsolvencyThe recent decision of the United States Bankruptcy Court in Bear Stearns provides a clear and useful guide to the interpretation of the concept of centre of main interests in the US. This concept is central to the recognition procedures in the UNCITRAL Model Law on Cross-Border Insolvency, which has been enacted in the US by Chapter 15 of the US Bankruptcy Code. Legislation introduced into the Australian Parliament on 20 September 2007 would enact the Model Law into domestic Australian law
- 09 October 2007
Focus: InsolvencyThe Corporations and Markets Advisory Committee has released a discussion paper on the implications of the Sons of Gwalia decision, which discusses whether aggrieved shareholders should rank with unsecured creditors in the event of a liquidation or voluntary administration. Partner Clint Hinchen and Lawyer Ada Lam report
- 26 September 2007
Focus: InsolvencyThe Cross-Border Insolvency Bill 2007 introduced into Federal Parliament on 20 September 2007 incorporates the UNCITRAL Model Law into Australian law. This will have significant implications for cross-border insolvency matters. Australia's major trading partners, including the US, Japan, New Zealand and the UK, have already adopted the Model Law. As a result, it is vital for insolvency practitioners and creditors to have a detailed understanding of these new provisions
- 16 September 2007
Paper: Voting at meeting - Adjudicating proofs for voting purposes and exercising the casting voteAAR partner Michael Quinlan discusses the requirements relating to voting at meetings
- 30 August 2007
Focus: InsolvencyCAMAC's recently released discussion paper on the treatment of unascertained future personal injury claims contains a number of proposals for dealing with such claims. If adopted, these proposals are likely to have significant implications for insolvency practitioners in administering the affairs of insolvent companies that may, in the future, be the subject of personal injury claims, where the injuries are not yet known. Partner John Warde and Senior Associate Angela Martin report
- 27 August 2007
Paper: The State of the Market - Insolvency and restructuring issues impacting insurance companiesPartner Michael Quinlan and Senior Associate Justin Coss address a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) insolvency and restructuring provisions
- 14 August 2007
Client Update: InsolvencyDraft legislation dubbed 'the first comprehensive package for insolvency laws since the 1988 Harmer Review' passed the Senate on 9 August 2007. The Corporations Amendment (Insolvency) Bill 2007 will become an Act once Royal Assent is received and most of its provisions will come into force. Partner Michael Quinlan and Senior Associate Angela Martin report
- 01 August 2007
Paper: A long and winding road: putting companies into liquidationAAR senior associate Christopher Prestwich and lawyer Adrian Fisher look at the issues to be aware of and new developments in the law
- 04 July 2007
Paper: International Insolvency: The latest developments on the global stageAAR partner Paul Nicols discusses recent developments in cross-border insolvency
- 25 June 2007
Focus: EnergyThe National Electricity Market has seen the first suspension of an active electricity retailer and the application of Retailer of Last Resort schemes across a number of states. Partner John Greig looks at what happened and the consequences for market participants and customers alike
- 15 June 2007
Paper: 'Don't take a slice of my pie': Defending your position as an unsecured creditor of a company in liquidationAAR partner Michael Quinlan and senior associate Chris Prestwich give an overview of the provisions dealing with preferences and uncommercial transactions before looking at some of the ways in which an unsecured creditor might go about avoiding in the first place or defending an unfair preference action
- 04 June 2007
Focus: InsolvencyPartner Anne Ferguson and Lawyer Matthew McCarthy discuss a High Court decision that considers whether a supplier's interest under a Retention of Title clause is a registrable security interest under the provisions of the Chattel Securities Act 1987 (Vic)
- 25 May 2007
Focus: InsolvencyPartner Michael Quinlan and Lawyer Jonathan Pagan discuss a High Court decision that considers whether section 1292(2) of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth on the Companies Auditors and Liquidators Disciplinary Board
- 27 April 2007
Focus: Insolvency, Insurance & Product LiabilityPartner Michael Quinlan and Senior Associate Christopher Prestwich discuss a recent Federal Court decision on a proposed scheme of arrangement that sought to transfer liability for future asbestos-related claims from one group company to another, along with the benefit of associated insurance policies, enabling the original company to be deregistered
- 04 April 2007
Paper: Directors' duties and phoenix companiesAAR senior associate Angela Martin addresses both the identity and impact of phoenix companies in Australia and then reviews the most relevant directors' duties before turning to the remedies available when a breach of those duties occurs
- 18 March 2007
Paper: Cross-border developments in Australia - an updateAAR partner Michael Quinlan discusses recent cross-border developments
- 15 March 2007
Focus: InsolvencyTwo papers recently released by the Federal Government could result in reforms that will make life more difficult for insolvency practitioners. The reforms include the repeal of an exemption from the insider trading law for liquidators and bankruptcy trustees and the creation of a new defence for directors facing an insolvent trading claim. Senior Associate Matthew McLennan examines the reforms
- 14 March 2007
Paper: Quick & Punchy - 2006 in reviewPartners Michael Quinlan and John Warde and Senior Associates Michael Popkin and Angela Martin look at a few of the significant insolvency and restructuring cases which were delivered in 2006
- 27 February 2007
Paper: The use of formal appointments in the restructuring of Australian corporationsAAR partner Michael Quinlan and Senior Associate Angela Martin look at the principal formal reorganisation structures for corporations in Australia available to financially troubled companies and considers the usefulness of those structures in the restructuring of Australian Corporations
- 09 February 2007
Focus: InsolvencyThe High Court's decision in the Sons of Gwalia case is an important one for financiers, creditors, shareholders and insolvency practitioners. Senior Associate Gabi Crafti and Partners Diccon Loxton and Michael Quinlan analyse the case and its implications
- 01 February 2007
Client update: InsolvencyOn 31 January, the High Court held that shareholders who have a claim against a company for misleading or deceptive conduct or breach of continuous disclosure obligations can prove in the administration or liquidation of the company, and will rank equally with unsecured creditors. Senior Associate Gabi Crafti and Partner Michael Quinlan report
- 19 January 2007
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Christopher Prestwich discuss two recent decisions that consider whether a person who obtains a costs order against a bankrupt after the date of bankruptcy or against an insolvent company after the date of winding up has a provable claim
- 15 December 2006
Focus: Insolvency - AsiaUnlike Australia, the United Kingdom and the United States, Hong Kong does not have a specific statutory corporate rescue mechanism. It was previously thought that the courts had inherent power to appoint provisional liquidators for the purpose of working out a corporate rescue. Partner Simon McConnell and Senior Associate Mun Yeow explain the present position
- 07 December 2006
Paper: Solvent Schemes of ArrangementPartner Dean Carrigan and Overseas Practitioner Christopher Prestwich discuss solvent schemes of arrangement used by insurance companies to accelerate the run-off of their business, or parts of their business, while they are still solvent
- 16 November 2006
Focus: InsolvencyDraft legislation dubbed 'the first comprehensive package for insolvency law since the 1988 Harmer Review', has been released for public comment. Partner Michael Quinlan, Senior Associate Della Stanley and Lawyer Adrian Fisher look at the changes
- 01 November 2006
Paper: Public examinations - who can use them, when and for what?Senior Associate Philip Hopley and lawyer Georgia Price provide a general outline of the public examination procedure provided for by Part 5.9 of the Corporations Act 2001 (Cth) and the Corporations Law Rules.
- 17 October 2006
Paper: When can a liquidator pool a corporate group's assets? and other issuesPartner Michael Quinlan and Senior Associates Della Stanley and Angela Martin discuss when can a liquidator pool a corporate group's assets
- 28 August 2006
Focus: Insolvency / InsurancePartner Michael Quinlan and Overseas Practitioner Christopher Prestwich discuss the implications of a Federal Court of Australia decision in Re NRG London Reinsurance Company Ltd and NRG Victory Australia Limited, in which the court considered whether to convene a meeting of creditors for the purpose of approving solvent schemes of arrangement of two companies
- 10 August 2006
Paper: Some construction insolvency issuesWe discuss a range of construction insolvency issues which banks may face when dealing with their rights
- 09 August 2006
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Christopher Prestwich discuss the implications of an English High Court decision, which considers whether a scheme of arrangement can bind possible future claims by individuals who do not have a completed cause of action
- 02 August 2006
Paper: Independence and remuneration of external administratorPartner John Warde and Senior Associate Matthew McLennan discuss impartiality, potential liabilities and getting paid within the context of supervising and regulating insolvency practitioners
- 28 July 2006
Paper: Analysing the practical implications of the latest case law for practitionersWe discuss some recent cases impacting insolvency practitioners
- 17 July 2006
Focus: InsolvencyIn response to the HIH Royal Commission Report, the federal Corporations and Markets Advisory Committee has recommended that certain duties and obligations currently confined to company directors be extended to apply to managers, contractors and consultants. Lawyers Gabi Crafti and Shelley Golden report
- 05 July 2006
Paper: Recoveries that can be made by a LiquidatorSenior Associates Steven Fleming and Chris Peadon discuss proving insolvency, summary of statutory provisions, and defences to insolvent transaction claims under s588FG
- 16 June 2006
Focus: Insurance / InsolvencyA decision handed down by the English Court of Appeal earlier this month will have a significant impact on the consideration of letters of request in complex international insolvencies. The decision also has serious implications for the efficacy of section 562A of the Corporations Act 2001 (Cth) where Australian insurers are reinsured in London. Partner Michael Quinlan and Overseas Practitioner Angela Martin report
- 07 June 2006
Paper: Letters of Request in Cross-border Insolvencies and the UNCITRAL model law - recent cases and developmentsWe discuss some recent cases on letters of request including the English High Court decision in HIH. The discussion will consider the impact of that decision on s562A of the Corporations Act and discuss the implications of the introduction of the UNCITRAL Model Law in Great Britain
- 31 May 2006
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Angela Martin consider the implications of an unsuccessful appeal involving a transfer of shares in a company to assist the implementation of a US Chapter 11 plan in the Isle of Man
- 18 May 2006
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Angela Martin consider the implications of an unsuccessful appeal by a creditor from a primary judge's decision that liabilities for damages incurred in the future are not debts falling within the test for insolvency in section 95A of the Corporations Act 2001
- 08 May 2006
Focus: InsolvencyWill the UNCITRAL Model Law on cross-border insolvency in Great Britain ease the access of foreign representatives and creditors to courts and insolvency procedures there? Partner Michael Quinlan and Overseas Practitioner Angela Martin investigate
- 21 April 2006
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Angela Martin examine a decision handed down by the High Court of Australia that has significant implications on the distribution of liquidation assets of insurance and reinsurance companies
- 17 March 2006
Focus: InsolvencySenior Associate Della Stanley and Lawyer Gabi Crafti consider the implications of an unsuccessful appeal by the administrators and a creditor of a company in administration from a primary judge's decision that a shareholder who acquired his shares on-market was entitled to be treated as a creditor of that company
- 16 November 2005
Focus: InsolvencyThe Corporations and Markets Advisory Committee will consider proposed changes to the Corporations Act that aim to provide some recourse for future claimants in tort who have not yet suffered an injury and do not have a provable claim at the commencement of a liquidation or administration. Lawyer Sarah Hine and Senior Associate Della Stanley explain
- 07 November 2005
Focus: InsolvencyASIC has recently introduced a new policy on liquidator registration. Partner Michael Quinlan and Lawyer Ash Tehrani explain
- 26 October 2005
Focus: InsolvencyPartner Michael Quinlan and Overseas Practitioner Elliot Norton examine a decision handed down by the English High Court of Justice earlier this month that has serious implications for the consideration of letters of request in complex cross-border insolvency proceedings. The decision also has significant implications for the efficacy of section 562A of the Corporations Act 2001 (Cth) where Australian insurers are reinsured in London
- 14 October 2005
Focus: InsolvencyThe Federal Government announced a package of insolvency reforms on 12 October 2005. Partner Michael Quinlan and Senior Associate Della Stanley review the proposals.
- 06 October 2005
Focus: InsolvencySenior Associate Kim Reid and Lawyer Gabi Crafti consider the implications of a successful application by a shareholder of a company in administration for a declaration that he was entitled to be treated as a creditor of that company.
- 20 September 2005
Focus: InsolvencyWe examine three recent decisions, two of the New South Wales Supreme Court and one of the English High Court of Justice, with regard to the issue of letters of request in the context of complex cross-border insolvency proceedings
- 02 September 2005
Paper: Independence and remuneration of external administratorsPartner Michael Quinlan and Senior Associate Matthew McLennan look at insolvency practitioner impartiality and liability
- 11 July 2005
Focus: InsolvencyA House of Lords decision in relation to fixed charge over book debts is an important development that could have implications for Australian insolvency practitioners, particularly those that deal with priorities in voluntary administrations and liquidations. Partners Diccon Loxton and Michael Quinlan report
- 01 June 2005
Paper: Receivers' power of salePartner Michael Quinlan and Senior Associate Richard Harris discuss recent cases on receivers' powers of sale and potential limitations on those powers, including negative covenants and the ability to obtain injunctions restraining receivers
- 13 May 2005
Paper: Should I stay or should I go?Senior Associate Patrick Holmes and Overseas Practitioner David Salter examine the key provisions of the Corporations Act 2001 that have the effect of staying proceedings and enforcement processes against a company in external administration together with some of the policy reasons behind those provisions and how they have been applied by the courts
- 27 April 2005
Focus: InsolvencySenior Associate Matthew McLennan and Lawyer Joe Tan examine a recent New South Wales Supreme Court decision involving the liquidators of the HIH group
- 19 April 2005
Focus: InsolvencyThe Corporations and Markets Advisory Committee's recent report, Rehabilitating large and complex enterprises in financial difficulties, addresses the voluntary administration procedure in Australia and may bring changes to Australia's insolvency laws. Senior Associate Kim Reid and Lawyer Margot Clarkson summarise the key findings and recommendations
- 05 April 2005
Focus: InsolvencyPartner David Martino and Special Counsel Anne Ferguson look at the Full Federal Court's recent decision of Wallace-Smith v Thiess Infraco (Swanston) Pty Ltd, in which the court confirmed that a creditor can claim loss of profits in a proof of debt lodged under a DOCA
- 15 March 2005
Paper: Spinning around - formal reorganisation in AustraliaPartner Michael Quinlan looks at the principal formal reorganisation structures for corporations in Australia and concentrates on those available to financially troubled companies
- 10 March 2005
Paper: Jailbreak - the latest disturbing developments in insolvent tradingPartner Michael Quinlan and Senior Associate David Courtness address the latest developments in insolvent trading
- 01 March 2005
Focus: the Media World case in AustraliaComment on the recent Federal Court Media World decision has suggested that it could prejudice the ability of Australian companies to raise debt finance and that damages claims by shareholders may rank equally with unsecured debt claims. However, the case does not alter existing law and the general principle that creditors rank ahead of shareholders in a winding up of a company remains unaffected.
- 08 February 2005
Paper: So what difference does it make? A quick and punchy look at some of 2004's cases of interestAAR partners Michael Quinlan and Sandy Wilson and Special Counsel Anne Ferguson discuss a number of recent insolvency cases
- 08 February 2005
Paper: So what difference does it make? A quick and punchy look at some of 2004's cases of interestAAR partners Michael Quinlan and Sandy Wilson and Special Counsel Anne Ferguson discuss a number of recent insolvency cases
- 21 December 2004
Focus: InsolvencyPartner John Edmond, Senior Associate Terence Walsh and Lawyer Stephen Sander report on a New South Wales Court of Appeal decision in a test case that gives guidance to liquidators in how to deal with the assets of a reinsurer when it is being wound up
- 02 December 2004
Paper: Topical insolvency issues of which bankers should be awarePartner Michael Quinlan, Senior Associate Steven Fleming and Overseas Practitioner Michael Popkin discuss topical insolvency issues of which bankers should be aware
- 01 December 2004
Paper: Step back in time - the year in reviewPartner Michael Quinlan gives an overview of the key cases and legislative change for 2004
- 15 November 2004
Focus: InsolvencyLawyer Margot Clarkson looks at the recent ASIC policy proposal paper which, if accepted, will significantly overhaul the criteria for liquidator registration
- 10 November 2004
Paper: Personal liability of insolvency practitioners: what not to doPartner Sandy Wilson and Lawyer Annie Tan discuss the personal liability of insolvency practitioners: the circumstances in which these liabilities might arise and some tips on how to minimise the risk of liability
- 06 October 2004
Focus: InsolvencyPartner Clint Hinchen and Special Counsel Anne Ferguson look at whether compensation payments awarded in insolvent trading cases are assets covered by Deeds of Company Arrangements
- 06 October 2004
Paper: Minimising the risk of voidable transaction proceedings - a guide for unsecured creditorsPartner Michael Quinlan gives an overview of the provisions dealing with preferences and uncommercial transactions and looks at some of the ways in which an unsecured creditor might go about avoiding it in the first place or defending an unfair preference action
- 23 September 2004
Focus: InsolvencyPartner David Martino and Special Counsel Anne Ferguson look at the Federal Court's recent decision in Thiess Infraco (Swanston) Pty Ltd in the matter of National Express Group Australia (Swanston Trams) Pty Ltd v Smith and consider the types of claims for which a proof of debt can be lodged under a Deed of Company Arrangement
- 08 September 2004
Paper: Lending to responsible entities of managed investment schemesPartner Diccon Loxton discusses managed investment schemes and the problems that arise in lending to a trustee
- 08 September 2004
Paper: The mysteries and magic of single responsible entities and managed investment schemesSenior Associate Richard Harris gives an overview of the issues surrounding managed investment schemes
- 31 August 2004
Paper: Defending your position as an unsecured creditor of a company in liquidationAAR partner Michael Quinlan examines the statutory framework for uncommercial transactions and unfair preferences and some of the methods and defences by which an unsecured creditor can seek to defend its position where a liquidator alleges it has received an unfair preference
- 26 August 2004
Paper: Hurts so goodAAR partner Michael Quinlan and Lawyer Meredith Dodds review of recent companies auditors & liquidators disciplinary board matters to highlight potential areas of concern for practitioners
- 12 August 2004
Paper: Changes? A Stocktake on Corporate Insolvency LawsPartner Michael Quinlan considers the Corporations and Financial Services' Stocktake on Corporate Insolvency Laws
- 04 August 2004
Paper: Parent, director and related company exposuresPartner Geoff Rankin and Overseas Practitioner Michael Popkin discuss the erosion of limited liability and extending the reach of liquidators
- 26 July 2004
Client update: Insolvency - proposed bankruptcy amendmentsOn 23 July 2004, the Federal Government announced that it had decided to withdraw and revise its exposure draft of the Bankruptcy Legislation Amendment (Anti-Avoidance and Other Measures) Bill 2004 (Cth)
- 22 July 2004
Paper: The role of the court in voluntary administrationAAR partner Michael Quinlan offers practical solutions to common problems
- 14 July 2004
Focus: InsolvencyThe recently tabled report of the Parliamentary Joint Committee on Corporations and Financial Services - Corporate Insolvency Laws: A Stocktake - addresses a wide range of issues and may bring substantial changes to Australia's insolvency laws. Senior Associate Kim Reid and Lawyer Tim James review the report and its recommendations
- 01 June 2004
Focus: InsolvencyPartner Geoff Rankin and Law Graduate John Hedge review the recently proposed amendments to the Bankruptcy Act 1966 (Cth) aimed at high-income earners who use bankruptcy to avoid paying their debts. If passed, the amendments will have far-reaching effects on professional and small-business people
- 03 May 2004
Focus: InsolvencyPartner Paul Meadows and Special Counsel Anne Ferguson review the recent Water Wheel decision in Elliott v ASIC and its impact on non-executive directors
- 07 April 2004
Paper: Corporate Insolvency & Restructuring: Issues for voluntary administratorsPartner Alf Pappalardo and Senior Associate David Courtness discuss issues for voluntary administrators - the role of the court in voluntary administrations and practical solutions to common problems
- 25 March 2004
Paper: Evaluating issues impacting insurance companies and insolvencyPartner Michael Quinlan explores some of the important Corporations Act (the Act) insolvency issues which are unique to the insurance and reinsurance industry and looks at important insolvency issues relevant to all corporations but from the particular and sometimes surprising perspective of their application to insurers and reinsurers
- 18 March 2004
Paper: Defending your position as an unsecured creditor of a company in liquidationPartner Michael Quinlan provides an overview of the provisions dealing with preferences and uncommercial transactions and looks at some of the ways in which an unsecured creditor might go about avoiding in the first place or defending an unfair preference action
- 15 March 2004
Paper: Insolvent trading - risks and benefits for liquidators, creditors and ASICPartner Paul Nicols, lawyer Tim James and Principal, Sims Partners, Alan Topp, review the law surrounding insolvent trading
- 15 March 2004
Paper: Corporate Insolvency & Restructuring: Quick and punchy - 2003 in reviewPartners Michael Quinlan, Jim Dunstan, Andrew Boxall, Ian Wallace, Paul Nicols, John Warde and Senior Associate Kim Reid, review some of the most significant judicial and legislative developments of 2003
- 18 February 2004
Paper: Directors' duties - the insolvent trading issuesAAR partner Michael Quinlan examines the statutory framework for uncommercial transactions and unfair preferences and some of the methods and defences by which an unsecured creditor can seek to defend its position where a liquidator alleges it has received an unfair preference
- 15 December 2003
Focus: InsolvencyA challenge by the owner of Pan Pharmaceuticals to the way creditor voting rights were dealt with by the voluntary administrator was dismissed in the NSW Supreme Court. Lawyer David Courtness looks at the implications of the Pan decision for creditors and administrators generally
- 03 December 2003
Paper: Turnaround Bright EyesPartner Michael Quinlan asks whether Chapter 11 is a viable alternative to voluntary administration for secured creditors
- 13 November 2003
Focus: InsolvencyCan the act of granting a charge breach contractual prohibitions on assignment? Lawyer Nick Bilinsky looks at some recent considerations
- 03 September 2003
Paper: Deeds of Company ArrangementPartner Geoff Rankin and Senior Associate, Richard Harris, discuss issues concerning Deeds of Company Arrangement
- 06 August 2003
Paper: Voidable TransactionsSenior Associate Kim Reid and Lawyer David Courtness discuss issues relating to the recovery of property or compensation for the benefit of creditors of insolvent companies
- 09 July 2003
Paper: Public Examinations - Who can use them, when and for what?Partner Sandy Wilson and Lawyer Tim James look at public examinations - who can use them, when and for what?
- 27 June 2003
Focus: BankruptcyThe High Court has ruled that superannuation contributions made before a person becomes bankrupt are unavailable for claw-back by the trustee in bankruptcy and therefore not recoverable by the bankrupt's creditors. Senior Associate Dirk Fairweather looks at this case and its implications
- 11 June 2003
Paper: Voidable TransactionsPartners John Warde and Jim Dunstan, and Consultant Professor Bryan Horrigan look at some issues for bankers
- 10 June 2003
Focus: Insolvent tradingWe look at two recent court rulings that deal with the issue of directors' responsibilities when a company is trading while insolvent
- 16 April 2003
Paper: International insolvencyIn the latest of our regular series of Corporate Insolvency & Restructuring Forums, Partner Paul Nicols, and Overseas Practitioner Michael Popkin, look at developments in international recognition of insolvency administrations and cross border insolvency
- 14 April 2003
2002 Insolvency Annual ReviewEncapsulates the many important case law and legislative developments in the area
- 06 December 2002
Focus: InsolvencyWe review two cases that highlight some important issues when a Deed of Company Arrangement is terminated
- 04 December 2002
Paper: Schemes of arrangementPartner David Robb and Senior Associate Malcolm Stephens discuss recent legal developments and trends in relation to schemes of arrangement.
- 20 November 2002
Focus: InsolvencyWe look at two recent rulings that deal with the issue of improper purposes of an examination summons and, the issue of the Commonwealth's ability to reclaim funds already paid out under its redundancy safety net provisions
- 06 November 2002
Paper: Some Issues relating to Void DispositionsPartner Alf Pappalardo and Senior Associate Michael Ilott discuss some issues relating to voidable dispositions
- 23 October 2002
Focus: InsolvencySenior Associate Dirk Fairweather and Sheridan Emerson review recent rulings in insolvency cases
- 02 October 2002
Paper: Insolvent transactionsPartner Andrew Boxall and Lawyer Simon Keizer look at insolvent transactions - Sections 588FF and 588FG of the Corporations Act
- 04 September 2002
Paper: Uncommercial TransactionsPartner John Warde discusses what makes a transaction uncommercial and what factors are appropriate for 'a reasonable person in the company's circumstances' to consider?
