Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by DLA Piper Australia ordered by Published Date Descending.
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Creditors' trusts as a restructuring tool in Australia
The voluntary administration regime provides an opportunity for an insolvent company to be restructured and rescued.
9 Oct 2013
Restructuring e-Newsletter: news, views and analysis of financial distress
Global Insight includes news, views and analysis of financial distress from DLA Piper's Global Restructuring Group.
4 Jul 2013
Courts Nail Down Some Vexing Issues - who defends an insolvent insured?
Insurers face difficulties when, having denied indemnity to an insolvent insured, it is joined to proceedings by a third party.
15 Apr 2013
Insolvencies at the coalface: A global view of mining sector restructurings
This article takes a look at the insolvency and restructuring trends of companies in the mining sector around the globe.
8 Apr 2013
Bankruptcy stay issues in insured D&O (Directors and Officers Liability Insurance) claims
An insurer should be granted relief from stay where the proceeds of the policy are clearly not property of the estate.
United States
6 Apr 2013
Restructuring e-Newsletter - Global Insight - Issue 5
Global Insight is a digital publication providing you with news, views and analysis from our Global Restructuring Group.
6 Apr 2013
Doing Business in Australia - Business Practices
Federal and state laws and regulations in Australia combine to influence how business practices are conducted.
30 Apr 2012
Liens - the 'outlaws' of personal property security
This Update highlights two recent cases that considered circumstances where liens could take priority over a registered security interest.
1 Sep 2011
Practical guidance for trade creditors in an administration
The appointment of administrators to Whitcoulls in New Zealand will have prompted trade creditors and suppliers of Whitcoulls – and other companies – to consider their position during an administration. Administration provides the company with ‘breathing space’ during which the company’s viability can be assessed by the administrator.
16 Mar 2011
Personal Property Securities Update: Senate Committee Recommends Bill To Be Passed Without Amendment
The Legal and Constitutional Affairs Legislation Committee has recommended that the Personal Property Securities (Corporations and Other Amendments) Bill 2010 (Cth) (Bill) be passed without any amendment. This raises a significant number of issues for secured financiers.
1 Jun 2010
Financial Services Industry: Initiatives and Reforms Reviewed
Bulletin summarises the current status of a number of key initiatives and legislative reforms facing the financial services industry, and updates likely timing.
New Zealand
31 May 2010
Personal Property Securities (PPS) - Where is this reform at and what should you be doing to ensure you are PPSA compliant?
Review of the significant activity over the last two months in relation to the upcoming Personal Property Security (PPS) laws to be introduced in Australia
27 Jan 2010
Personal Property Securities Bill 2009 - Release Of Final Senate Committee Report
The Senate Committee on Legal and Constitutional Affairs (Committee) recently conducted an inquiry into the 2009 Bill.
27 Aug 2009
Personal Property Securities Bill 2009
On 19 March 2009 the Senate Committee on Legal and Constitutional Affairs (Committee) released its recommendations on the Exposure Draft of the Personal Property Securities Bill 2008 (2008 Bill) following its inquiry on the 2008 Bill, which itself was a revised version of an earlier draft Bill which had been prepared and released for discussion in May 2008.
18 Aug 2009
Recession - Facing The Challenge
The current economic conditions are creating challenges for all of us. The biggest challenges are likely to arise out of what we cannot control, for example, our suppliers, our customers, our landlords, our tenants and our financiers. Their behaviour is largely outside our influence.
New Zealand
5 Mar 2009
Guarding Against Insolvency: Procurement In An Economic Downturn
The current global financial crisis has increased the risk of insolvency for many businesses.
18 Feb 2009
Shareholder Claims Against Insolvent Companies
Corporations and Markets Advisory Committee (CAMAC) upholds decision ranking shareholder claims equally with unsecured creditors.
10 Feb 2009
Warning To Sleeping Directors: Liability For Reckless Trading Is Costly!
To those directors not actively engaged in the management of or with an eye on the financial affairs of their company - beware. The recent quantum decision of the High Court in Mason v Lewis [2008] NZHC 1535, following the earlier decision of the Court of Appeal on liability, provides a strong warning for sleeping directors.
21 Jan 2009
D&O: Severability & Non-Avoidance
The case, Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2008] NSWSC 825, has a little something for everyone interested in Australian D&O.
20 Oct 2008
High Court Confirms The Importance Of Registering A Security Interest
On 21 November 2007, Justice Stevens of the High Court, confirmed the importance of a supplier of goods registering a purchase money security interest under the Personal Properties and Securities Act 1999 to obtain a ‘super priority’ over a secured creditor.
New Zealand
20 Jan 2008
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