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Restructuring, Turnaround and Insolvency in Asia Pacific
Welcome to the second edition of the Herbert Smith Freehills Guide to Restructuring, Turnaround and Insolvency, Asia Pacific.The guide provides an …
Navigating Asia Pacific's fragmented and evolving restructuring and insolvency laws
Asia Pacific economies continue to move from strength to strength, with the region proving increasingly attractive to investors. But with increased …
“Holding” DOCAs confirmed as valid by High Court of Australia
On 12 September 2018, the High Court of Australia (High Court) gave judgment in the case of Mighty River International Limited v Hughes (Mighty River).1 …
Australia’s new ipso facto regime is now live: Are your contractual rights affected?
Australia’s new ipso facto regime is now in effect. It stays the enforcement of contractual rights triggered upon the entry of a corporate counterparty …
Qld rehab reforms roll on with potential impacts for liquidators
As the Mineral and Energy Resources (Financial Provisioning) Bill 2018 (Qld) (FP Bill) continues to await debate in Queensland Parliament, the timeline …
Ipso facto law reform: public consultation commences on exceptions to the stay
On 16 April 2018, the Australian Federal Government (Government) launched a public consultation on proposed exceptions to the recently enacted stay on …
Getting back to Bis-ness: Ground-breaking use of creditors’ schemes effects A$1.2 billion restructuring
Bis Industries’ ground-breaking creditors’ schemes of arrangement facilitated the restructure of A$1.2 billion of debt and transferred ownership of the …
Rights of creditors – requesting information from liquidators and administrators
The Insolvency Practice Schedule (Corporations) set out in Schedule 2 of the Corporations Act 2001 (Cth) (Schedule), and the Insolvency Practice Rules …
REVISED AND IMPROVED: NEW INSOLVENT TRADING SAFE HARBOUR AND IPSO FACTO LEGISLATION PASSES THROUGH THE SENATE
On 11 September 2017, two major reforms to Australia’s insolvency laws – an insolvent trading safe harbour and a restriction on the enforcement of ipso …
Court of Appeal upholds scheme classes decision in Boart Longyear restructuring
The New South Wales Court of Appeal has, in a decision that has surprised many practitioners, dismissed an appeal which challenged the composition of …
Singapore’s new restructuring laws are now in effect
Major law changes intended to make Singapore the region’s pre-eminent restructuring and insolvency hub have now come into effect.On 22 May 2017, the …
Controversial scheme classes decision in Boart Longyear restructuring
In a recent landmark decision, Re Boart Longyear Limited [2017] NSWSC 567, the New South Wales Supreme Court granted orders to convene creditor meetings …
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