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Results: 1-10 of 88

Terminating for insolvency do you have the right to?

  • Norton Rose Australia
  • -
  • Australia
  • -
  • May 9 2013

Incidents of insolvency in the construction industry are under the spotlight after the recent failure of a number of construction companies

Inquiry into Construction Industry Insolvency in NSW final report

  • Norton Rose Australia
  • -
  • Australia
  • -
  • February 15 2013

In August 2012 the NSW Government commissioned an Independent Inquiry into Construction Industry Insolvency. The Inquiry was asked to assess the

Practical implications of the Supreme Court of Canada’s decision in (Re) Indalex

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • February 6 2013

The Supreme Court of Canada's decision in (Re) Indalex has changed the landscape for both lenders and borrowers in Canada who sponsor registered

Supreme Court of Canada restores super-priority of DIP lenders in CCAA proceedings

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • February 1 2013

In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over

Inquiry into construction industry insolvency in NSW

  • Norton Rose Australia
  • -
  • Australia
  • -
  • November 30 2012

This briefing identified the warnings signs of insolvency, what steps parties can take to minimise exposure, how best to respond to a party’s insolvency and the options available to prevent insolvency in the first place

Sino-Forest: Ontario Court of Appeal upholds superior court decision on “equity claims”

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • November 27 2012

In Re Sino-Forest Corporation, the Ontario Court of Appeal upheld the interpretation of “equity claims” employed by Justice Morawetz of the Ontario Superior Court of Justice (Commercial List

Receivers released from ASIC confidentiality undertakings

  • Norton Rose Australia
  • -
  • Australia
  • -
  • September 11 2012

On 15 May 2012, Jacobson J of the Federal Court of Australia allowed an application by Receivers to be released from confidentiality undertakings so that use could be made of Australian Securities and Investments Commission (ASIC) examination transcripts

Personal Property Securities Act - “the need to be hasty”

  • Norton Rose Australia
  • -
  • Australia
  • -
  • August 16 2012

A recent Federal Court of Australia decision in the administration of the Hastie Group Limited (Hastie Group)1 illustrates a number of important points for administrators, secured parties and purchasers under the new regime established under the Personal Property Securities Act 2009 (Cth) (PPSA

Employees’ claims in Canadian bankruptcy and receivership proceedings

  • Norton Rose LLP
  • -
  • Canada
  • -
  • June 28 2012

In turbulent and uncertain financial times, employers and employees more often than ever find themselves immersed in and affected by insolvency proceedings

The “mirror principle:” a partial "roll up" DIP order can be recognized under Part IV of the CCAA

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • June 20 2012

Prior to the 2009 amendments (the “Amendments”) to the Companies’ Creditors Arrangement Act (the “CCAA”), courts exercising jurisdiction under that statute could, in the appropriate circumstances, approve “roll up” debtor in possession (“DIP”) financing arrangements