1-10 of 50 results
Unreasonable director-related transaction – liquidator successfully challenges the grant of a mortgage as cross-security
In a recent Federal Court decision, a liquidator was successful in having a mortgage declared an unreasonable director-related transaction under section 588FDA of the Corporations Act 2001 (Cth). ...
Insolvency in Australia: 2023 in review
2023 emerged as a dynamic year for corporate insolvency. This article provides an overview of the key developments in corporate insolvency in 2023. ...
New year review: contract resets in the infrastructure sector
A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...
Corporate trustees: no fiduciary duty owed by a successor trustee to its predecessor
A recent New South Wales Court of Appeal judgment has resolved a difficult question concerning the law of corporate trustees, and serves as a practical reminder of the difficulties faced, in particular, by insolvency practitioners appointed to insolvent former trustees. ...
Future-proofing the energy transition: strategies for mitigating project disputes
In this Insight, we explore the major trends that we believe will prove the most fertile ground for future projects disputes. ...
Key observations from the Government's review of Australia's corporate insolvency regime
Key observations from the Government's review of Australia's corporate insolvency regime. ...
Security of payment: navigating state-level differences in insolvent contractors' rights
Comparing approaches to contractor insolvency and payment claims across jurisdictions ...
Security of payment: contractor insolvency and debt recovery in NSW
The recently introduced section 32B of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) prevents companies in liquidation from either serving or taking action to enforce a payment claim made under the Act. ...
Small business restructuring reforms
The Federal Government's insolvency reform package relating to small business provides for a debt restructuring process intended to give eligible small businesses the flexibility to restructure debts while the directors remain in control of the business, and for a new simplified liquidation process for small business. ...
Insolvency reforms to support small business
The Commonwealth government announced a package of reforms directed at streamlining insolvency processes for small business. Our analysis on the issue from our insolvency and restructuring experts. ...