This judgment highlights the supervisory role to be played by the courts to ensure that a deed of company arrangement (DOCA) is for a proper purpose.
An inquiry has determined that Australia's insolvency regime is not fit for purpose and requires major reform.
The High Court's decisions in Metal Manufacturers Pty Limited v Morton [2023] HCA 1 and in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 provide a win for...
The High Court of Australia has provided some useful guidance that will assist credit managers in navigating their roles and in dealing with liquidators demanding repayment of alleged unfair preferences.
Lander & Rogers acted for the winning trustees in bankruptcy in Jess v McNiven, in the matter of McNiven (No2) [2022] FCA 446.
A search warrant is a powerful tool for a liquidator to hold, particularly with the expected insolvencies that will arise as Australia emerges from the COVID-19 pandemic and associated lockdowns.
The Federal Government has hailed its recent Exposure Draft legislation to introduce a formal debt restructuring process for micro and small-to-medium companies as an adoption of US-style Chapter 11 bankruptcy...
The Federal Government is departing from the current 'one size fits all' approach in Australia's insolvency regime in anticipation of an insolvency tsunami caused by the COVID-19 crisis.
The Federal Government’s proposed 'insolvency reforms to support small business' are widely reported – the biggest headline being the adoption of a US-style 'debtor in possession' model.
In the last 24 hours, the Treasurer has announced the Federal Government's plans to significantly reform the insolvency regime for small businesses, with new laws to take effect from 1...
One of the little frustrations of practising as a corporate insolvency lawyer is when the media, mainly, misdescribe the type of insolvency mechanism being utilised by a company to manage...
In August 2020, we wrote about the approaching end to the Federal Government's moratorium on the initiating steps that a business can take to recover debt from another business through...
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