TMA submissions on Australian creditors’ scheme of arrangement consultation

Herbert Smith Freehills’ restructuring, turnaround and insolvency team has supported the Turnaround Management Association of Australia (the TMA) in considering and preparing the TMA’s submissions in response to the Australian Government’s consultation paper Helping Companies Restructure By Improving Schemes of Arrangement (the Consultation Paper). On 2 August 2021, the Treasury released a consultation paper seeking … Read more

How are creditors’ schemes of arrangement actually used in Australia?

In light of the Australian Government’s recent consultation paper on improving creditors’ schemes of arrangement, we have assessed how creditors’ schemes of arrangement have actually been used in the Australian market since the global financial crisis in 2008. We set out the summary of this assessment, and some key observations below. We think this data … Read more

Treasury consults on Australian creditors’ schemes of arrangement reforms

The Treasury has released a consultation paper on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper).[1] The main proposal in the Consultation Paper is the consideration of a broad automatic moratorium, available to companies proposing a creditors’ scheme of arrangement. In addition, the Consultation Paper briefly touches on a number of … Read more

Recognition of UK Part A1 Moratorium process rejected by NSW Supreme Court

In the recent case of Re Hydrodec Group Plc [2021] NSWSC 755 (Hydrodec) the Supreme Court of New South Wales (NSW Supreme Court or Court) rejected an application by a non-operating holding company, Hydrodec Group Plc (the Company), for recognition of its United Kingdom (UK) debtor-in-possession Part A1 moratorium process (Part A1 Moratorium) and relief … Read more

ASIC updates relief requirements for section 444GA share transfers

On 22 October 2020, the Australian Securities and Investment Commission (ASIC) announced changes to its requirements for applications for relief from the takeover provisions in Chapter 6 of the Corporations Act 2001 (Cth) (the Act) in connection with shares being transferred via a deed of company arrangement (a DOCA) and section 444GA of the Act. Read more