publications

Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below.

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Recent publications

Date: 28 Jul 2015
This article is the third in our series focussed on the business restructuring recommendations set out in the Productivity Commission’s Business Set-up, Transfer and Closure draft report. This week, we consider the proposal to legislate a framework around pre-positioned sales, being the sale of a company’s business or assets which is organised in the period immediately prior to a formal insolvency appointment.
Date: 23 Jul 2015
While there are a multiplicity of factors that impact a decision to litigate, it appears that the balance of return on investment likely in the Australian market weighed against litigation expense, disruption to business, and the potential costs awards in Australia that are not applied similarly in, for example, the United States, make the Australian system less attractive.
Date: 21 Jul 2015
This article is the second in our series focussed on the business restructuring recommendations set out in the Productivity Commission’s Business Set-up, Transfer and Closure draft report. This week, we consider the proposal to include provision for a ‘safe harbour’ to allow companies and their directors to explore restructuring options without liability for insolvent trading.