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Restructuring and Insolvency

Restructuring and Insolvency
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Restructuring and Insolvency

Bankruptcy and superannuation – a fraught and technical battleground

Bankruptcy trustees are often required to consider whether unusually large or suspicious contributions made to a superannuation fund by or on behalf of a bankrupt are designed to defeat the interests of creditors.
February 15, 2023
Restructuring and Insolvency

High Court strikes down ‘peak indebtedness rule’: what it means for liquidators

The High Court has delivered its long-awaited judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Bryant) and in doing so has emphatically confirmed that the ‘peak indebtedness rule’ was not incorporated into the unfair preference regime in the Corporations Act.
February 13, 2023
Restructuring and Insolvency

High Court expands rights of compulsory examination

The High Court of Australia has allowed shareholders of a company in liquidation to examine a former director and seek documents as they investigate launching a class action.
June 7, 2022
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