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Halifax Update: "Unique" Joint Sitting of Trans-Tasman Courts

A joint hearing between the Federal Court of Australia (FCA) and the High Court of NZ (NZHC) has broken new ground. In proceedings brought by the liquidators of Halifax Investment Services Pty Ltd (In Liquidation) (Halifax...more

COVID-19: (Australia) Real Estate: Key Considerations in the Face of Corporate Tenant Insolvencies

*This information is accurate as of 9.00 am Wednesday 25 March 2020 and is subject to change as this situation evolves. A tenant's solvency, or its risk of insolvency, is not a novel concern for landlords and tenants alike....more

COVID-19: (Australia) Temporary Changes to Insolvency Laws to Support Businesses During Coronavirus Crisis

*This information is accurate as of 9.00 am Monday 23 March 2020 (local AEDT time) and is subject to change as this situation evolves....more

Cross-border Cooperation: Federal Court of Australia Considers "Classic Candidate" for Coordination With High Court of New Zealand

On 22 August 2019, the Federal Court of Australia (Federal Court) delivered a judgment that provides guidance on the framework within which cross-border cooperation between courts located in different jurisdictions might...more

Federal Court Grants Electronic Notice Application

On 27 March 2019, the Federal Court of Australia delivered an important decision demonstrating the Court's willingness to assist liquidators to streamline the procedural aspects of liquidations using technology with the aim...more

Mortgage Broker Remuneration Reforms – What You Need to Know

Concerns have been raised by the Australian Government in recent times in relation to the effect of current remuneration structures in the mortgage broking market on the quality of consumer outcomes. During 2016, the...more

A Bridge Over Troubled Water: Singapore’s New Restructuring & Insolvency Framework Is Being Introduced When It Is Most Needed

Further to K&L Gates’ Singapore Restructuring and Insolvency Alert dated 5 December 2016, Singapore’s revised restructuring and insolvency legislation has come into effect. The amendments to the Companies Act, summarised in...more

Malaysia’s New Insolvency Regime

Earlier this year, both the lower and upper houses of Malaysia’s parliament, passed the Companies Bill 2015 (“the Bill”) which will harmonise Malaysia's insolvency laws and bring them more in line with modern international...more

7/6/2016  /  Companies Act , Insolvency , Malaysia

Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

A recent Victorian Supreme Court case has clarified the impact of Commonwealth insolvency set-off provisions on State-based security of payments legislation. The case demonstrates that although a principal is generally...more

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