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International Comparative Legal Guide to Project Finance 2018 - Australia
Insight 25 May 2018

Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...

How ipso facto provisions (and exemptions) affect project finance - both good and bad news
Insight 05 Sep 2018

This Insight examines some of the key issues arising out of the new ipso facto contracts regime which came into effect on 1 July 2018 ...

Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Important new changes to PNG company law
Insight 13 Mar 2015

Major changes to PNG company law have important ramifications for company directors company secretaries and anyone with an interest in the winding up of a company Partner Richard Kriedemann and Senior Associate Sarah Kuman report on the impact of the new laws ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

The end of the PPSA transitional period - what happens now?
Insight 24 Jan 2014

With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

Trustee insolvency - the Full Federal Court weighs in to the debate
Insight 29 Mar 2018

The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

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