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TGIF 26 May 2023 Financial position and solvency not anchored … – Corrs Chambers Westgarth

In this weeks TGIF, we consider the recent case of Vita Group Ltd, in the matter of Vita Group Ltd [2023] FCA 400, in which his Honour Justice Jackman outlined practical changes to the way schemes of arrangement should be implemented through the Federal Court to make them simpler, faster and more cost efficient. 

Key takeaways

  • On the initiative of Justice Jackman, the Federal Court of Australia (the Court) is simplifying the scheme of arrangement process by clearing away more than a decade of encrusted practice and case law.
  • A new practice note is in the making, which is expected to draw on observations made by Jackman J in Vita Group Ltd, in the matter of Vita Group Ltd [2023] FCA 400 (Vita Group) relating to improving the efficiency …

    Read the full article at: https://www.corrs.com.au/insights/australian-schemes-done-quickly-inexpensively-and-efficiently

Category: LiquidationBy Insolvency Advisory AccountantsJune 9, 2023

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PreviousPrevious post:Karen's Diner collapse: Viral Ventures, company behind viral restaurant, goes into liquidation – 9NewsNextNext post:GenesisCare's failure hurts KKR's reputation – The Australian Financial Review

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TGIF 26 May 2023 Financial position and solvency not anchored … – Corrs Chambers Westgarth

In this weeks TGIF, we consider the Court of Appeals decision in Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88 and the challenges faced by lenders in accepting representations as to solvency and the financial position of borrowers.

Key takeaways

  • It is increasingly difficult to satisfy courts that a company is insolvent because it is unable to pay future debts. The prediction of a companys inability to pay future debt is multifaceted and challenging given the uncertainties and contingencies naturally prevailing over time. For example, consideration must be given to the probabilities of the company realising assets, restructuring, compromising debts or raising capital to meet future liabilities.
  • The failure of a company…

    Read the full article at: https://www.corrs.com.au/insights/financial-position-and-solvency-not-anchored-to-unaccepted-sale-price

Category: RestructuringBy Insolvency Advisory AccountantsMay 26, 2023

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PreviousPrevious post:Former UK child migrants urge King Charles III to intervene after 'disgusting' Fairbridge farm schools abuse compensation offer – ABC NewsNextNext post:a.i. aims to maintain adviser support despite entering voluntary … – Professional Planner

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