Peter Bowden

Banks, retailers and ATM operators depend on cash transport, processing and management services to maintain access to cash. Rates of cash use are collapsing, placing the sector in structural decline with service providers in the industry un…

Middle East conflict and Strait of Hormuz disruption are increasing insolvency risks. Key steps directors should take to become “distress ready”. Find out more at Gilbert + Tobin.

Federal Court confirms that releasing security can be a ‘compromise’ under s 477(2A) – key guidance for liquidators managing secured debt recoveries.

Legal proceedings need to be filed before the end of any relevant limitation period, otherwise they will be time-barred — often irreparably. There are various reasons why a person may delay commencing proceedings - for example, they m…

The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonabl…

On 28 September 2022, the Federal Government, through the Parliamentary Joint Committee on Corporations and Financial Services (the Committee), commenced an inquiry into the effectiveness of Australia’s corporate insolvency laws …

The 2023 R+I Annual In Brief article includes a collection of articles and case notes we have prepared as well as some further commentary on issues we consider pertinent to the restructuring and insolvency industry.

We provide a key industry and sector insights relating to the restructuring space in 2023.

We delve into significant judicial developments relating to insolvency law in Australia.

We summarise the developments in Restructuring and insolvency developments in Australia and more.

Derivates 2023 covers documentation and formalities, credit support, regulatory issues, insolvency/bankruptcy, close-out netting, taxation & bespoke jurisdictional matters.

Introduction Australian insolvency practitioners have long considered that the Court will take a liberal approach to granting an extension to the period in which the second meeting of creditors must be convened under section 439A(6) of the …

In a previous article, 'In case of emergency: Using emergency power provisions to appoint a voluntary administrator' we discussed the use of emergency powers in a company’s constitution to appoint a voluntary administrator to a c…

We break down the 2023-2024 Federal Budget, outline the Superannuation changes, the answer to the Cost-of-Living, the Tax changes to Business, and more.

The High Court has had a busy start to the year, handing down two landmark decisions that have significant implications for insolvency practitioners. These decisions clarify the operation of important aspects of Australia’s insolvency…

Navigating cross-border bankruptcy: Gilbert + Tobin has assisted in the recognition of foreign bankruptcy proceedings in Australia, acting for the trustees in bankruptcy in a successful application to recognise Singaporean bankruptcy procee…

When a company becomes financially distressed, directors are often have to act quickly and decisively.

What is now known as the ‘ipso facto regime’ was introduced by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 in September 2017.

The Federal Government passed the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) to prevent a company from being abandoned by its directors and left without a board.

Read our Australian chapter on Restructuring & Insolvency. In this publication, our team provide an overview of the relevant laws and their application and discuss recent trends and developments including the inquiry into the effectiveness …

We explain new inquiries into the effectiveness of Australia’s corporate insolvency laws.

This 2022 review provides an overview of recent Australian Restructuring and Insolvency activity along with the laws, their application and recent trends and development in restructuring and insolvency activity. Read full publication.