Category: Uncategorized
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No new way for a company to go bust but the signs of default existed long before its demise
03-30-17
KPMG share their article with us. Author: Carl Gunther, NSW Head of Restructuring and National Turnaround Lead, KPMG. Most experts when asked about why a company went broke or defaulted will respond with a collection of good logical reasons specific to the matter. In fact, insolvency practitioners are required to report this as part of […]
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Safe Harbour and Ipso Facto reform – the TMA perspective
03-28-17
Treasury has just released the draft safe harbour and ipso facto legislation and discussion papers. In essence, a “better outcome” test is put forward which will allow a company to trade on when it is of doubtful solvency. The onus is placed on directors to take appropriate steps to amongst other things obtain expert advice […]
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ABN or ACN? Onesteel decision establishes an exact match system for PPSA identification of grantors
02-22-17
Herbert Smith Freehills share their article with us: 07 February 2017 | Australia Legal Briefings – By John Angus, Paul Apathy, Mark Clifton and Tony Coburn On 31 January 2017, Brereton J of the Supreme Court of New South Wales in In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 […]
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Cultural change beyond legal reform needed to help return companies From Red to Black
12-16-16
Clayton Utz share their report with us: From Red to Black, in which they analyse the critical developments in the Australian restructuring market in FY16. Australian companies are slowly embracing a turnaround culture, but board and management attitudes still need to change for more successful restructurings to occur, according to a Clayton Utz report From […]
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Herbert Smith Freehills publishes Guide to Restructuring, Turnaround and Insolvency in Asia Pacific 2016
09-28-16
Herbert Smith Freehills share their article with us. On 15 September, Herbert Smith Freehills launched the new Guide to Restructuring, Turnaround and Insolvency in Asia Pacific. The Guide provides an overview of the laws relating to corporate restructuring, turnaround and insolvency in 14 major jurisdictions across the Asia Pacific region. It is aimed at providing […]