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Crippled by COVID-19, swimwear brand Seafolly enters administration
Restructuring & Insolvency 2020-06-29 10:37 pm By Christine Caulfield

Citing the “crippling financial impact” of the coronavirus pandemic, Australian swimwear company Seafolly has become the latest fashion retailer to enter voluntary administration.

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Court tosses appeal over botched $1.4B Babcock & Brown acquisition
Corporate 2020-06-29 9:27 pm By Alison Eveleigh

A private investment fund has failed again in its bid for damages from collapsed global advisory firm Babcock & Brown over a botched $1.4B acquisition of a US-based laundry equipment provider.

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Virgin administrators sign deal with Bain Capital to buy struggling airline
Restructuring & Insolvency 2020-06-26 10:35 am By Christine Caulfield

Virgin’s administrators have reached a deal with Bain Capital to buy the airline and its subsidiaries, saying Friday US investment firm had made a “strong and compelling” bid to keep Australiaā€™s second airline operating and secure the jobs of thousands of workers.

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Corporate insolvency partner scores partial win on appeal in breakup spat
Restructuring & Insolvency 2020-06-25 5:29 pm By Miklos Bolza

A challenge to a judgment which found that one partner of a corporate insolvency firm “ambushed” the other to leave the business has been partially overturned by an appeals court.

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Court allows debt-laden Thai Airways to temporarily avoid Australian asset seizure
Restructuring & Insolvency 2020-06-23 5:21 pm By Miklos Bolza

A court has granted a bid by two directors of Thai Airways to preserve the airline’s Australian assets as the company, which was hit hard due to the COVID-19 pandemic, undergoes an urgent restructure in Thailand.

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Bain, Cyrus make final offers for Virgin
Restructuring & Insolvency 2020-06-22 2:35 pm By Christine Caulfield

Final bids for Virgin Australia were lodged on Monday by investment firm Bain Capital and private equity investor Cyrus Capital Partners, and the struggling airline’s administrators are giving themselves a week to pick a winner.

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High standards: Challenging a DOCA that compromises a litigation claim
Expert Insights 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter,Ā Maria O’BrienĀ andĀ Ian Innes.

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Judge appoints receiver, not liquidator to hotel to avoid COVID-19 misunderstanding
Restructuring & Insolvency 2020-06-12 12:32 pm By Christine Caulfield

To avoid a creditor panic in the midst of the COVID-19 health crisis, the NSW Supreme Court has appointed a receiver instead of a liquidator to a rural hotel that is the centre of a deadlocked shareholder dispute over more than $2.7 million.

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Not enough liquidators to respond to a wave of COVID-19 insolvencies, ASIC warns
Restructuring & Insolvency 2020-06-11 8:20 pm By Alison Eveleigh

There may not be enough registered liquidators in Australia to respond to a possible wave of COVID-19 insolvencies, the Australian Securities and Investment Commission has warned.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Class Actions 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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