New insolvent trading safe harbour and ipso facto legislation

On 11 September 2017, two major reforms to Australia’s insolvency laws – an insolvent trading safe harbour and a restriction on the enforcement of ipso facto rights in certain circumstances – passed through the Senate. The Bill awaits royal assent. What you need to know On 11 September 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2)…

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Liquidators: speak softly and carry a big stick

The famous US President Theodore Roosevelt once described his foreign policy as “speak softly, and carry a big stick”.  The same maxim can equally be applied to daunting task of effecting a company liquidation, while managing the competing interests of creditors, employees and directors. After the failure of a company, liquidators are often forced to…

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