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Publications
Our experienced Insolvency & Restructuring legal team regularly
publishes articles and updates - the full list of publications appears below.
Recent high-profile insolvencies have highlighted the need for all companies to
be aware of their liabilities and responsibilities under the law. If you'd like
to be notified when we add new insolvency & restructuring publications to the
site, please go to our
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For publications in other legal areas see our recent publications page.
For an overview of the most important cases and developments in this area,
see our series of Annual Reviews.
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In January 2008, the Court of First Instance in Hong Kong approved the appointment of one of the receivers of an insolvent company as a joint and several liquidator despite the potential conflict of interest. Partner Simon McConnell and Senior Associate Mun Yeow look at the importance of the ruling in Re Orient Power Holdings Limited |
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Partner Anne Ferguson and Lawyer Eloise Dias discuss a recent Federal Court decision that considers whether contractual debts to a litigation funder for fees, expenses and a percentage of the proceeds will take priority over the claims of secured creditors |
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The Full Court of the Federal Court has held that an applicant can join an insurer to legal action against the insured, even if the insured does not wish to seek indemnity from the insurer. Partner Jenny Thornton and Law Graduate Bryn Dodson look at the decision in Employers Reinsurance Corporation v Ashmere Cove Pty Ltd that has potentially wide-ranging consequences for insurers |
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This 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) |
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The House of Lords has acceded to a letter of request that the English court received from the Supreme Court of New South Wales and has ordered that assets held by the HIH group of companies in England should be remitted to Australia for distribution in accordance with Australian law. Partner John Morgan and Senior Associate Christopher Prestwich report |
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The High Court has held that a court cannot extend the time to comply with a statutory demand if the time for compliance has already passed. Partner Malcolm Stephens, Lawyer Anthony Lepere and Law Graduate Bryn Dodson look at the High Court's decision that provides welcome certainty for creditors |
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The appointment of an administrator to a borrower by its directors or a third party can pose risks for a secured creditor. In particular, it will be restricted, and delayed, from enforcing its security during the period of the administration. Senior Associate Nicholas Adkins and Lawyer Valeska Bloch report on the statutory steps involved in a voluntary administration and consider the potential risks for a secured creditor and ways these can be mitigated |
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Partner 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. |
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Draft legislation to incorporate the UNCITRAL Model Law on Cross-Border Insolvency into Australian law, first introduced in September 2007 by the previous Federal Government, has been reintroduced into Parliament by the newly appointed Minister for Superannuation and Corporate Law as a new Senate Bill. Partner Paul Nicols and Senior Associate Michael Popkin report |
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Partner Michael Quinlan discusses four issues and concentrates on analysing four of the more interesting decisions of 2007 |
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AAR 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 |
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Senior Associate Christopher Prestwich and Lawyer Adrian Fisher discuss the statutory demand regime in Part 5.4 of the Corporations Act 2001 (Cth) |
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The recent decision of the United States Bankruptcy Court in Bear Stearns provides a clear and useful guide to the interpretation of the concept of centre of main interests in the US. This concept is central to the recognition procedures in the UNCITRAL Model Law on Cross-Border Insolvency, which has been enacted in the US by Chapter 15 of the US Bankruptcy Code. Legislation introduced into the Australian Parliament on 20 September 2007 would enact the Model Law into domestic Australian law |
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The Corporations and Markets Advisory Committee has released a discussion paper on the implications of the Sons of Gwalia decision, which discusses whether aggrieved shareholders should rank with unsecured creditors in the event of a liquidation or voluntary administration. Partner Clint Hinchen and Lawyer Ada Lam report |
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The Cross-Border Insolvency Bill 2007 introduced into Federal Parliament on 20 September 2007 incorporates the UNCITRAL Model Law into Australian law. This will have significant implications for cross-border insolvency matters. Australia's major trading partners, including the US, Japan, New Zealand and the UK, have already adopted the Model Law. As a result, it is vital for insolvency practitioners and creditors to have a detailed understanding of these new provisions |
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AAR partner Michael Quinlan discusses the requirements relating to voting at meetings |
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CAMAC's recently released discussion paper on the treatment of unascertained future personal injury claims contains a number of proposals for dealing with such claims. If adopted, these proposals are likely to have significant implications for insolvency practitioners in administering the affairs of insolvent companies that may, in the future, be the subject of personal injury claims, where the injuries are not yet known. Partner John Warde and Senior Associate Angela Martin report |
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Partner 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 |
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Draft legislation dubbed 'the first comprehensive package for insolvency laws since the 1988 Harmer Review' passed the Senate on 9 August 2007. The Corporations Amendment (Insolvency) Bill 2007 will become an Act once Royal Assent is received and most of its provisions will come into force. Partner Michael Quinlan and Senior Associate Angela Martin report |
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AAR senior associate Christopher Prestwich and lawyer Adrian Fisher look at the issues to be aware of and new developments in the law |
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AAR partner Paul Nicols discusses recent developments in cross-border insolvency |
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The National Electricity Market has seen the first suspension of an active electricity retailer and the application of Retailer of Last Resort schemes across a number of states. Partner John Greig looks at what happened and the consequences for market participants and customers alike |
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AAR 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 |
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Partner Anne Ferguson and Lawyer Matthew McCarthy discuss a High Court decision that considers whether a supplier's interest under a Retention of Title clause is a registrable security interest under the provisions of the Chattel Securities Act 1987 (Vic) |
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Partner Michael Quinlan and Lawyer Jonathan Pagan discuss a High Court decision that considers whether section 1292(2) of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth on the Companies Auditors and Liquidators Disciplinary Board |
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Partner Michael Quinlan and Senior Associate Christopher Prestwich discuss a recent Federal Court decision on a proposed scheme of arrangement that sought to transfer liability for future asbestos-related claims from one group company to another, along with the benefit of associated insurance policies, enabling the original company to be deregistered |
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AAR 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 |
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AAR partner Michael Quinlan discusses recent cross-border developments |
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Two papers recently released by the Federal Government could result in reforms that will make life more difficult for insolvency practitioners. The reforms include the repeal of an exemption from the insider trading law for liquidators and bankruptcy trustees and the creation of a new defence for directors facing an insolvent trading claim. Senior Associate Matthew McLennan examines the reforms |
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Partners 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 |
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AAR 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 |
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The High Court's decision in the Sons of Gwalia case is an important one for financiers, creditors, shareholders and insolvency practitioners. Senior Associate Gabi Crafti and Partners Diccon Loxton and Michael Quinlan analyse the case and its implications |
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