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Arrium court finds significant non-current liabilities not sufficient to prove insolvency

Australia - September 14 2021 In a substantial recent decision arising from the Arrium liquidation, the Supreme Court of New South Wales considered the materiality of…

Tarryn Wright.

Peak Indebtedness Peaking Again? Special leave sought for High Court appeal

Australia - July 30 2021 On 10 May and 24 June 2021, the Full Court of the Federal Court delivered unanimous judgments in Badenoch Integrated Logging Pty Ltd v Bryant, in…

Ben Bishop, Paul Buitendag.

Peak Indebtedness: In the Gunn

Australia - May 31 2021 In a significant decision delivered on 10 May 2021, in which JWS acts for the plaintiff liquidators of the Gunns Group, the Full Federal Court in…

Ben Bishop, Lachlan Prider, Paul Buitendag.

“From the Company” after all: Liquidators claw back third party payments made during a DOCA

Australia - March 24 2021 In the wake of the Victorian Court of Appeal’s decision in Cant v Mad Brothers Earthmoving [2020] VSCA 198 (‘Cant’), the Supreme Court of New South…

James Shiel-Dick.

Restructuring reforms - will the proposed two tier system avert the zombie apocalypse?

Australia - September 30 2020 The Treasurer has announced major proposed reforms to Australia’s insolvency framework aimed at facilitating the restructuring of small to medium…

Aidan Douglas, Rebecca Proudman.