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Australia: The new “Ipso Facto” prohibition in the Corporations Act applicable to corporate insolvency

Australia - November 7 2018 From 1 July 2018, a moratorium on reliance on “ipso facto” contractual clauses triggered by the counterparty becoming subject to certain specified...

Bruce Hambrett, Heather Collins, Adam Jeffrey, Kassandra Adams, Kevin Shum, David Walter, Peter Lucarelli, Maria O'Brien, Heather Sandell.


High Court Locks the Gate on Linc Energy Appeal

Australia - September 21 2018 The High Court has decided not to hear an appeal about the ability of the Linc Energy Limited (Linc Energy) liquidators to disclaim property of the...

David Walter.


Cleaning up Mesa: The High Court affirms the flexibility of Deeds of Company Arrangement in its Mighty River Judgment

Australia - September 13 2018 The High Court yesterday affirmed the flexibility of the purposes for Deeds of Company Arrangement (DOCA). In its reasoning, the Court placed very few...

David Walter.


Overview of Australian Corporate Insolvency Regimes

Australia - September 3 2018 This document provides a summary of the most common Australian formal corporate insolvency regimes, namely: voluntary administration; receivership...

Heather Collins, Kassandra Adams, Kevin Shum, David Walter, Peter Lucarelli, Maria O'Brien, Heather Sandell.


Australia: Overview of Members’ Voluntary Liquidation and Deregistration of an Australian company

Australia - July 19 2018 The concept of winding up does not exclusively apply to insolvent companies. Solvent companies can also be wound up, on the initiation of the...

Heather Collins, David Walter, Peter Lucarelli, Maria O'Brien, Heather Sandell.