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The Arrium Proceedings – when is a company insolvent and when is a representation not a representation?

The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries...more

Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial...more

Compulsory Share Transfers under Deeds of Company Arrangement – updated ASIC policy

ASIC has provided long-awaited confirmation of its policy position with regard to applications for relief from the operation of the takeover restrictions in the Corporations Act 2001 (Cth) ("Act") in relation to compulsory...more

COVID-19 – Temporary emergency changes to Australian insolvency laws

The Australian Government has introduced new laws which are intended to avoid unnecessary corporate insolvencies in light of the challenges presented by the unfolding COVID-19 global pandemic....more

Court of Appeal overturns Hamersley Iron v. Forge Group Power – set off rights in liquidation restored

In July 2017, we wrote about the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed), in which the Western Australian Supreme Court held that rights of set off...more

Update – Boart Longyear schemes of arrangement approved

In our previous blog post, we examined the decision of the New South Wales Court of Appeal to uphold the composition of classes of creditors in the Boart Longyear restructuring by way of scheme of arrangement....more

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