1-10 of 39 results

Takeover response in a COVID-19 environment: it's about being prepared
Insight 09 Apr 2020

COVID-19 continues to impact ASX-listed entities across all sectors. Among others, market volatility and uncertain business conditions have made M&A challenging in the immediate term.  ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

Vietnam insolvency guide for directors
Insight 11 Jun 2020

To help management, this Insight explores the insolvency and bankruptcy regulations in Vietnam, as well as the obligations and potential liabilities of management personnel of Vietnamese companies if their companies become financially distressed. ...

Two safe harbours for the storm of COVID-19
Insight 24 Mar 2020

The COVID Safe Harbour will provide useful immediate relief for companies and their directors, particularly those who need time to assess the company's position before developing a turnaround plan or pursuing an insolvency administration if that becomes necessary. ...

A step closer to industry funding of ASIC
Insight 07 Apr 2017

Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...

Distressed debt M&A - share transfers without a scheme
Insight 17 Feb 2015

The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...

Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
Insight 29 Apr 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...

Finally - a class action regime for Queensland
Insight 17 Aug 2016

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

The Court of Appeal has confirmed that under the Personal Property Securities Act 2009 Cth fixtures are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures ie part of the land In unanimously ...

Federal Court rules liquidator needn't account for tax on sale of assets
Insight 21 Oct 2014

The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...

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