Mitchell Waters

05 May 2021 - Knowledge

Insolvency reforms cause permanent increase to the statutory demand threshold

The Federal Government has foreshadowed further changes to Australia’s insolvency laws. These changes build on the raft of measures introduced over the previous year.

25 September 2020 - Knowledge

Sweeping changes to insolvency laws proposed

#Corporate Restructuring and Insolvency

Wide-ranging reforms to Australia’s insolvency regime will commence on 1 January 2021. We outline some of the key features under the new scheme and regulatory requirements for insolvency practitioners.

07 September 2020 - Knowledge

Treasury confirms insolvency safeguards extended

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

Insolvency and bankruptcy protections slated to conclude in September have been extended until 31 December 2020.

25 August 2020 - Knowledge

‘From the company’ – can a third party payment be a preference?

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

A recent Victorian Court of Appeal decision clarifies when payments from a third party to a creditor can be considered a payment ‘from the company’ and thereby potentially voidable as a preference.

12 August 2020 - Knowledge

Changes to the regulation of third party litigation funding – insolvency practitioners should take note

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

Funding schemes for corporate insolvencies could be subject to increased regulation if they fail to fall within an exempted category.

22 July 2020 - Knowledge

Landlords win the right to claim rent as an expense of administration

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #Property, Planning & Development

The Federal Court has provided important guidance for landlords on the operation of the priority regime in s556(1)(a) of the Corporations Act 2001 (Cth).

24 March 2020 - Knowledge

Immediate injunctive relief during the shutdown period

#Dispute Resolution & Litigation, #COVID-19

Historically, times of wide-spread financial stress can increase the chance that decision-making by your commercial counterparties may be more inwardly focused, lacking consideration for your commercial interests and legal rights. This may lead to a requirement to bring or defend legal action urgently to protect your own interests by seeking orders for immediate injunctive relief.

23 March 2020 - Knowledge

COVID-19 response: Changes to insolvency laws

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #COVID-19

The increasing spread of COVID-19, and now the unprecedented measures being taken by governments to slow that spread, is having and will continue to have a significant impact on economies around the globe, including Australia. As the situation has not been seen before, it is difficult for businesses and individuals to plan ways to limit the impact on their ability to continue trading – and pay their debts. In recognition of the unique challenges facing businesses today, the Australian Government has responded by acting to relax laws relating to insolvency.

06 November 2019 - Knowledge

Insolvent pharmacy: New powers for external administrators

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

Recent amendments brought about by the National Health Amendment (Pharmaceutical Benefits) Bill 2019 (Cth) allow for the supply of pharmaceutical benefits by approved pharmacies under the Pharmaceutical Benefits Scheme (PBS) to continue following external administration or bankruptcy.