Our experienced legal team regularly publishes papers from the Allens Arthur Robinson seminars and speakers papers from conferences. The papers cover a wide range of legal topics - you'll see the most recent papers listed below.
- 19 November 2008
Paper: Insurance & Reinsurance - A review of recent reinsurance law decisionsPartner John Edmond and Lawyer Justin Simpkins look at some of the decisions in the last 12 months of the courts of Australia and England which relate to the reinsurer/reinsured relationship
- 19 November 2008
Paper: Insolvency - Advising a company in financial distressThe present global meltdown has put directors in an invidious position: they may have assets on their books that they consider to be very valuable but little access to funding to borrow against them and little interest from buyers at what they consider to be appropriate values. This may be because potential buyers of assets are also having trouble accessing credit
- 05 November 2008
Paper: Insolvency & RestructuringInsolvent trading: The latest developments and uncertain future
- 08 October 2008
Paper: Insurance & Reinsurance - D&O Insurance: Recent developmentsPartner Michael Quinlan and Senior Associate Andrew Byrne discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape
- 04 June 2008
Paper: Insurance & Reinsurance - Double insurance, Contribution and subrogation basic principlesPartner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues
- 07 May 2008
Paper: Mistakes and Misdeeds: External Administrators, Personal Liability and Loss of OfficeThis paper is concerned with things that can go wrong from the perspective of an insolvency practitioner engaged in an external administration governed by the Corporations Act 2001 (Cth)
- 16 April 2008
Paper: Insurance & Reinsurance ForumPartner Andrea Martignoni and Senior Associate Philip Hopley provide an update on Civil liability
- 12 March 2008
Paper: The Administrator's Casting VotePartner Michael Quinlan and Senior Associate Michael Popkin discuss regulations of the Corporations Regulations 2001 which apply to the convening, conduct of and voting at all creditors' meetings (as well as meetings of members, committees of inspection and committees of creditors) convened under Parts 5.3A, 5.4, 5.4B, 5.5 and 5.6 of the Corporations Act 2001 (Cth) (the Act) which deal with voluntary administration, deeds of company arrangement and liquidation.
- 22 February 2008
Paper: Directors' and Officers' InsuranceThis paper brings together a number of recent developments in the directors' and officers' (D&O) insurance landscape. Recent significant decisions by Australian courts and pronouncements by Australian policy makers mean that it is critical for directors and officers, as well as those who indemnify them and those who advise them, to be up to date with these latest developments and to understand their wider implications for D&O insurance in the future
- 15 February 2008
Paper: Unravelling the latest court decisionsPartner Michael Quinlan discusses four issues and concentrates on analysing four of the more interesting decisions of 2007
- 05 December 2007
Paper: How to tell if an insurance company is insolvent: what lessons we can learn from past insurance company collapsesAAR partner Michael Quinlan discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions
- 30 November 2007
Paper: Statutory DemandsSenior Associate Christopher Prestwich and Lawyer Adrian Fisher discuss the statutory demand regime in Part 5.4 of the Corporations Act 2001 (Cth)
- 07 November 2007
Paper: Direct Offshore Foreign Insurers (DOFIs) - the legislation and exemptionsPresented by AAR partners John Morgan and Dean Carrigan and Vicki Wilkinson, Manager of Insurance Access & Pricing Unit - Financial System Division, Australian Treasury
- 01 November 2007
Paper: Current debt/equity issues in a cross border contextMartin Fry discusses recent income tax developments relating to the debt/equity classification of arrangements used by Australian corporate entities when raising funds from offshore
- 16 September 2007
Paper: Voting at meeting - Adjudicating proofs for voting purposes and exercising the casting voteAAR partner Michael Quinlan discusses the requirements relating to voting at meetings
- 07 September 2007
Paper: Aspects of Australian Insurance & Reinsurance LawThis paper is intended to provide a detailed introduction to two important areas that insurance professionals in the London market should be aware of when dealing with Australian insurance and reinsurance risks
- 27 August 2007
Paper: The State of the Market - Insolvency and restructuring issues impacting insurance companiesPartner Michael Quinlan and Senior Associate Justin Coss address a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) insolvency and restructuring provisions
- 01 August 2007
Paper: A long and winding road: putting companies into liquidationAAR senior associate Christopher Prestwich and lawyer Adrian Fisher look at the issues to be aware of and new developments in the law
- 04 July 2007
Paper: Brokers: some practical issues and recent developmentsPartner Oscar Shub and Senior Associate Philip Hopley discuss insurance brokers ever-widening array of duties and obligations to clients and non-clients alike.
- 04 July 2007
Paper: International Insolvency: The latest developments on the global stageAAR partner Paul Nicols discusses recent developments in cross-border insolvency
- 15 June 2007
Paper: 'Don't take a slice of my pie': Defending your position as an unsecured creditor of a company in liquidationAAR partner Michael Quinlan and senior associate Chris Prestwich give an overview of the provisions dealing with preferences and uncommercial transactions before looking at some of the ways in which an unsecured creditor might go about avoiding in the first place or defending an unfair preference action
- 04 April 2007
Paper: Trade Practices issues for the Insurance IndustryPartner Carolyn Oddie and Senior Associate Emma Marsh discuss trade practices issues relating to the insurance industry
- 04 April 2007
Paper: Directors' duties and phoenix companiesAAR senior associate Angela Martin addresses both the identity and impact of phoenix companies in Australia and then reviews the most relevant directors' duties before turning to the remedies available when a breach of those duties occurs
- 28 March 2007
Paper: HIH Casualty & General Insurance Limited (in liquidation) v Wallace & OrsAAR partner Michael Quinlan looks at how the Insurance Act (NSW) applies to reinsurance contracts
- 18 March 2007
Paper: Cross-border developments in Australia - an updateAAR partner Michael Quinlan discusses recent cross-border developments
- 14 March 2007
Paper: Quick & Punchy - 2006 in reviewPartners Michael Quinlan and John Warde and Senior Associates Michael Popkin and Angela Martin look at a few of the significant insolvency and restructuring cases which were delivered in 2006
- 27 February 2007
Paper: The use of formal appointments in the restructuring of Australian corporationsAAR partner Michael Quinlan and Senior Associate Angela Martin look at the principal formal reorganisation structures for corporations in Australia available to financially troubled companies and considers the usefulness of those structures in the restructuring of Australian Corporations
- 21 February 2007
Paper: Insurance as a potential capital charge mitigant under the Basel II Capital Adequacy FrameworkAllens Arthur Robinson Partner Dean Carrigan presented the following paper at the 'Proactive strategies for achieving risk leadership in enterprise-wide capital allocation' conference held in Sydney on 14-15 Sydney 2007
- 07 February 2007
Paper: The second Harbour TunnelPartner Andrea Martignoni and Senior Associate Malcolm Stephens present a case study illustrating recent issues in construction insurance
- 07 December 2006
Paper: Solvent Schemes of ArrangementPartner Dean Carrigan and Overseas Practitioner Christopher Prestwich discuss solvent schemes of arrangement used by insurance companies to accelerate the run-off of their business, or parts of their business, while they are still solvent
- 01 November 2006
Paper: Public examinations - who can use them, when and for what?Senior Associate Philip Hopley and lawyer Georgia Price provide a general outline of the public examination procedure provided for by Part 5.9 of the Corporations Act 2001 (Cth) and the Corporations Law Rules.
- 17 October 2006
Paper: When can a liquidator pool a corporate group's assets? and other issuesPartner Michael Quinlan and Senior Associates Della Stanley and Angela Martin discuss when can a liquidator pool a corporate group's assets
- 04 October 2006
Paper: Directors' and Officers' Insurance - A Changing LandscapeMichael Quinlan and Mark Lindfield discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape
- 10 August 2006
Paper: Some construction insolvency issuesWe discuss a range of construction insolvency issues which banks may face when dealing with their rights
- 02 August 2006
Paper: Independence and remuneration of external administratorPartner John Warde and Senior Associate Matthew McLennan discuss impartiality, potential liabilities and getting paid within the context of supervising and regulating insolvency practitioners
- 28 July 2006
Paper: Analysing the practical implications of the latest case law for practitionersWe discuss some recent cases impacting insolvency practitioners
- 27 July 2006
Paper: Insurance Law for the Construction IndustryMichael Quinlan and Keith Bethlehem discuss issues and developments in regard to Directors' and Officers' insurance policies
- 05 July 2006
Paper: Recoveries that can be made by a LiquidatorSenior Associates Steven Fleming and Chris Peadon discuss proving insolvency, summary of statutory provisions, and defences to insolvent transaction claims under s588FG
- 23 June 2006
Paper: Quantum meruitSenior Associate Michael Wright and Lawyer Christopher Larcos discuss quantum meruit - an action for payment of the reasonable value of services performed
- 07 June 2006
Paper: Letters of Request in Cross-border Insolvencies and the UNCITRAL model law - recent cases and developmentsWe discuss some recent cases on letters of request including the English High Court decision in HIH. The discussion will consider the impact of that decision on s562A of the Corporations Act and discuss the implications of the introduction of the UNCITRAL Model Law in Great Britain
- 07 June 2006
Paper: SubrogationSenior Associates Matthew Skinner and Justin Coss will discuss issues and developments in subrogation
- 03 May 2006
Paper: Proportionate liability - legislative reforms and their implicationsPartner Andrea Martignoni and Lawyer Philip Hopley discuss the implications of proportionate liability legislative reforms
- 05 April 2006
Paper: Australian proposals for the future regulation of foreign insurersPartners Oscar Shub and Dean Carrigan discuss issues relevant to conducting insurance business in Australia
- 28 February 2006
Paper: Mergers and acquisitions in a post-consolidation worldMartin Fry looks at topical issues affecting M&A transactions involving tax consolidated groups
- 08 February 2006
Paper: Settlement of Claims without an Insurer's ConsentPartner Andrea Martignoni and Senior Associate Malcolm Stephens consider the circumstances in which an insured is entitled to be indemnified by its insurer notwithstanding the failure by the insured to obtain the insurer's consent to the settlement.
- 01 December 2005
Paper: Debt/Equity - recent developmentsPartner Martin Fry and Senior Associate Brad Schwarz discuss debt/equity distinctions contained in Division 974 of the Tax Act 1997
- 02 September 2005
Paper: Independence and remuneration of external administratorsPartner Michael Quinlan and Senior Associate Matthew McLennan look at insolvency practitioner impartiality and liability
- 03 August 2005
Paper: Double insurance and contributionPartner Michael Ball and Senior Associate Keith Bethlehem discuss issues and developments in relation to double insurance and contribution
- 01 June 2005
Paper: Receivers' power of salePartner Michael Quinlan and Senior Associate Richard Harris discuss recent cases on receivers' powers of sale and potential limitations on those powers, including negative covenants and the ability to obtain injunctions restraining receivers
- 17 May 2005
Paper: Cross border taxation of employee shares/optionsSarah Bernhardt examines key issues of the New International Tax Arrangements (Foreign Owned Branches and Other Measures) Bill 2005 that was introduced into the House of Representatives on 17 March 2005
