Australia: Financial Restructuring

The New South Wales Supreme Court recently examined whether administrators can suspend an ATO Notice directing a creditor to remit funds to the Commissioner during voluntary administration.

Members' Voluntary Liquidation (MVL) offers solvent companies a structured, tax-effective way to wind up operations and return surplus capital to shareholders. When is this lesser-known option the right choice for business owners, and what benefits can it deliver compared to informal deregistration or leaving a dormant company in place?

A Full Court decision clarifies whether future royalty payments and associated security rights can be extinguished by a deed of company arrangement in Australian insolvency proceedings. The case examines the distinction between contingent claims and mere expectancies, with significant implications for creditors holding long-term payment rights in the energy and resources sector.

Whilst there is the possibility of a recession, the operating environment for SMEs is definitely tightening. Access to finance is becoming more constrained...

As the economy in Australia faces headwinds, we are seeing an increase in directors and advisors seeking advice on restructuring options.

In the course of doing business, there are many situations where you may need to confirm whether a company has entered or is about to enter liquidation.

Liquidation does not necessarily mark the end of a company's life.

The role that court-appointed receivers can play in resolving partnership disputes, but also the financial implications for all parties involved.

A stay of the winding up to allow creditors to vote on a DOCA may be appropriate to facilitate a restructuring transaction and the end of the external administration.