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Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

How ipso facto provisions (and exemptions) affect project finance - both good and bad news
Insight 05 Sep 2018

The new ipso facto regime applies to contracts entered into on or after 1 July 2018. It imposes a stay on the exercise of certain contractual rights in some insolvency regimes (administration and ...

Construction contracts and the new 'ipso facto' insolvency reforms
Insight 01 Jun 2018

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 ...

International Comparative Legal Guide to Project Finance 2018 - Australia
Insight 25 May 2018

By Partners Ben Farnsworth and Michael Ryan . Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance. Among other factors, they ...

Trustee insolvency - the Full Federal Court weighs in to the debate
Insight 29 Mar 2018

We recently examined the implications of a Victorian Court of Appeal decision on trustee insolvency in the Amerind Appeal 1 . As we foreshadowed, the Full Federal Court has just released its decisi ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

The recent unanimous Victorian Court of Appeal decision 1 in an appeal from Re Amerind has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of ...

Rising from the ashes - Treasury seeks input on combating illegal phoenix activity
Insight 06 Oct 2017

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 ...

A class divide? The Boart Longyear creditors' scheme
Insight 29 May 2017

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 ...

Amendments to PPS lease law - what you need to know
Insight 22 May 2017

Legislation has come into force that will amend the Personal Property Securities regime. The amendments are designed to reduce the PPSA's impact on the equipment hiring industry. Previously hirers' ...

Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
Insight 10 Apr 2017

The Federal Government has released draft exposure legislation designed to facilitate company reconstructions. Senior Finance Counsel Diccon Loxton, Senior Associate Alicia Salvo and Associate ...

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