Can we commence proceedings against a company under the Small Business Restructuring Regime? A Case Analysis … – Chamberlains Law Firm
Introduction In the matter of Benjamin Hornigold Ltd v John Bridgeman Limited [2023] FCA 1195, the Federal Court of Australia considered section 453S of the Corporations Act 2001 (Cth) (Act) and the circumstances as to when leave should be granted for proceedings to be commenced against a company undergoing a restructure pursuant to the small business restructuring (SBR) regime.…