31-40 of 40 results
Trends over the past year in the Australian projects and infrastructure sectors
A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...
Is hourly billing for liquidators back?
The NSW Court of Appeal has recently considered the basis on which liquidators reasonable remuneration should be determined Partner Chris Prestwich Senior Associate Przemek Kucharski and Lawyer Kane Kersaitis report on the decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd in liquidation v ...
Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...
A class divide? The Boart Longyear creditors' scheme
The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement Partners Christopher Prestwich and Tom Highnam report ...
Rising from the ashes - Treasury seeks input on combating illegal phoenix activity
Keeping up the momentum from the recent passing of its insolvent trading safe harbour and ipso facto legislation the Federal Treasury has released a consultation paper containing a package of reforms to deter and disrupt illegal phoenix activity Partner Alf Pappalardo and Lawyer Belinda Hennessy ...
Trustee insolvency - the Full Federal Court weighs in to the debate
We recently examined the implications of a Victorian Court of Appeal decision on trustee insolvency in the Amerind Appeal1 As we foreshadowed the Full Federal Court has just released its decision on similar issues2 It came to a similar position to the Victorian court in deciding that trust assets ...
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...
International Comparative Legal Guide to Project Finance 2018 - Australia
Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...
Construction contracts and the new 'ipso facto' insolvency reforms
New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed The reforms restrict the enforcement of contractual rights triggered by voluntary administration receivership or ...
How ipso facto provisions (and exemptions) affect project finance - both good and bad news
This Insight examines some of the key issues arising out of the new ipso facto contracts regime which came into effect on 1 July 2018 ...