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Judge scolds Delta Coal liquidators for late notification of insolvent trading case
Restructuring & Insolvency 2021-08-11 1:53 pm By Miklos Bolza

A Federal Court judge has criticised the liquidators of coal mining company Delta for waiting over two years to file insolvent trading proceedings against former directors when the same issues of solvency had already been raised in two other cases.

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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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Virgin bondholders fail to get hands on confidential Bain Capital sale docs
Restructuring & Insolvency 2020-07-10 1:15 pm By Alison Eveleigh

Virgin Australia unsecured bondholders contesting the sale of the embattled airline to private equity firm Bain Capital have failed in their bid to access confidential transaction documents, but a judge has urged the administrators to communicate with the frustrated creditors.

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Virgin administrators relieved of JobKeeper liability
Restructuring & Insolvency 2020-05-20 6:31 pm By Alison Eveleigh

Virgin Australia’s administrators will not be responsible of any overpayments of the JobKeeper allowance, which is currently being claimed on behalf of thousands of the embattled airline’s employees.

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COVID-19 sees Virgin administrators absolved of liability on unprecedented scale
Restructuring & Insolvency 2020-05-15 4:40 pm By Alison Eveleigh

The administrators of Virgin Australia have been absolved of personal liability for the ongoing operation of the embattled airline on an unprecedented scale, with Australia’s airline duopoly and the effects of the COVID-19 pandemic justifying the “extraordinarily wide” orders.

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Courts should be flexible on laws in COVID-19 pandemic, says Virgin Australia judge
Restructuring & Insolvency 2020-04-29 3:08 pm By Christine Caulfield

The COVID-19 pandemic and government social distancing restrictions were reasons to be flexible in applying and adapting the law, the judge overseeing the administration of Virgin Australia has said in exempting administrators from liability for unpaid leases and allowing Thursday’s meeting of the airlines’ creditors to be held by teleconference.

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Virgin administrators not on the hook for aircraft leases, for now
Restructuring & Insolvency 2020-04-24 6:41 pm By Alison Eveleigh

The administrators of Virgin Australia will not have to pay the troubled carrier’s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Harris Scarfe receivers get more time to hunt for buyer
Restructuring & Insolvency 2020-01-14 2:29 pm By Miklos Bolza

A Federal Court judge has given the receivers for Harris Scarfe four more months to find buyers for 39 of the struggling department store chain’s retail outfits, as they look to prevent the company from being wound up.

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Judge allows hindsight evidence in lawsuit over Metal Storm’s collapse
Restructuring & Insolvency 2019-12-04 3:09 pm By Miklos Bolza

A US institutional investor can use hindsight evidence in its breach of contract case against a former ANZ Bank trustee over the winding up of failed defence tech firm Metal Storm.

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Court finds Atlas liquidators entitled to view Ashurst advice
Restructuring & Insolvency 2019-12-02 3:16 pm By Miklos Bolza

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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