41-50 of 54 results
Federal Court rules liquidator needn't account for tax on sale of assets
The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...
How ipso facto provisions (and exemptions) affect project finance - both good and bad news
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 ...
Construction contracts and the new 'ipso facto' insolvency reforms
New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed ...
The end of the PPSA transitional period - what happens now?
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 ...
A step closer to industry funding of ASIC
Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...
A class divide? The Boart Longyear creditors' scheme
The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...
Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...
Trends over the past year in the Australian projects and infrastructure sectors
A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
Take care! Court confirms the devil in the details for PPSA registrations
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 ...