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Classic cross-border cooperation: joint court hearings in the Halifax insolvency
On 22 August 2019, the Federal Court of Australia (FCA) held that it could make a request to the New Zealand High Court (NZHC) that there be a joint …
Asia-Pacific Restructuring Review 2019
The Asia-Pacific Restructuring Review 2019 provides exclusive insight from local practitioners in 10 different Asia-Pacific jurisdictions. Herbert Smith …
Singapore unveils new ‘omnibus’ Insolvency, Restructuring and Dissolution Bill
Singapore’s new Insolvency, Restructuring and Dissolution Bill (the Omnibus Bill) was passed by parliament on 1 October 2018 and is expected to come into …
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 …
High Court refuses priority rescue financing status in first case on Singapore’s new DIP financing regime
In the first judgment under Singapore’s new ‘super priority’ DIP financing regime, the Singapore High Court declined to grant priority status to funds to …
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