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APAC Restructuring, Turnaround and Insolvency Notes Blog

Articles: 1-10 of 22

The sin of envy: Court of appeal holds that “profits” from billion-dollar ponzi scheme liable to be clawed back, down to the last nickel

Singapore - April 16 2025 For over a century, charlatans have preyed on human greed and misplaced trust, using promises of extraordinary returns and secretive investment…

ATO taking “stronger action” against directors personally for company liabilities

Australia - September 16 2024 The ATO is using the director penalty regime at an unprecedented rate to make directors personally liable for the full value of the company’s…

‘Stench’ of potential tax fraud insufficient to set aside DOCA

Australia - July 18 2024 In the recent decision of Commissioner of State Revenue v McCabe (No 2) [2024] FCA 662, Justice Derrington declined to terminate the Deed of Company…

Appeal Court clarifies that solvent foreign liquidators may be recognised in Singapore as “Foreign Proceedings” under the model law

Singapore - November 10 2023 Singapore’s highest court has definitively held that foreign insolvency, restructuring or liquidation proceedings concerning solvent companies should…

Good things take time: Parliamentary Joint Committee delivers report on Australia’s corporate insolvency framework

Australia - July 18 2023 The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has delivered its report following an inquiry into the…

Past its peak: the High Court of Australia confirms the abolition of the peak indebtedness rule for unfair preferences

Australia - March 7 2023 In the much-anticipated decision of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Badenoch (HCA)), the High Court of Australia (the HCA)…

First decision on Australia’s ipso facto stay in voluntary administration

Australia - March 1 2023 The Federal Court of Australia (Court) has handed down the first reported decision on the ipso facto stay provisions contained in the Corporations…

Atlas shrugged: the limits of an administrator’s lien over secured property

Australia - November 1 2022 Chief Justice Hammerschlag, sitting in the New South Wales Supreme Court (the Court), has delivered a judgement of importance to secured creditor and…

Parliamentary inquiry into corporate insolvency in Australia

Australia - October 31 2022 The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has commenced an inquiry into the “effectiveness of…

Sending disclaimer to the sawmill: A liquidator’s power to disclaim land subject to environmental liabilities following the Australian Sawmilling case

Australia - August 16 2022 In The Australian Sawmilling Company Pty Ltd (in liq) v Environment Protection Authority [2021] VSCA 294 (Australian Sawmilling), the Victorian…