Australia—restructuring and insolvency guide
Australia—restructuring and insolvency guide

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Australia—restructuring and insolvency guide
  • Questions
  • GENERAL
  • Legislation
  • Excluded entities and excluded assets
  • Public enterprises
  • Protection for large financial institutions
  • Courts and appeals
  • TYPES OF LIQUIDATION AND REORGANISATION PROCESSES
  • Voluntary liquidations
  • more

Please click the link to access the full guide for the answers to the questions below:

Getting the Deal Through: Restructuring & Insolvency

Questions

The set of questions relating to the topic of Restructuring and insolvency and answered by the guide for each jurisdiction covered include:

  1. GENERAL

  2. Legislation

  3. What main legislation is applicable to insolvencies and reorganisations?

  4. Excluded entities and excluded assets

  5. What entities are excluded from customary insolvency or reorganisation proceedings and what legislation applies to them? What assets are excluded or exempt from claims of creditors?

  6. Public enterprises

  7. What procedures are followed in the insolvency of a government-owned enterprise? What remedies do creditors of insolvent public enterprises have?

  8. Protection for large financial institutions

  9. Has your country enacted legislation to deal with the financial difficulties of institutions that are considered ‘too big to fail’?

  10. Courts and appeals

  11. What courts are involved? What are the rights of appeal from court orders? Does an appellant have an automatic right of appeal or must it obtain permission? Is there a requirement to post security to proceed with an appeal?

  12. TYPES OF LIQUIDATION AND REORGANISATION PROCESSES

  13. Voluntary liquidations

  14. What are the requirements for a debtor commencing a voluntary liquidation case and what are the effects?

  15. Voluntary reorganisations

  16. What are the requirements for a debtor commencing a voluntary reorganisation and what are the effects?

  17. Successful reorganisations

  18. How are creditors classified for purposes of