Author

Ian Innes

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In brief The Full Court of the Federal Court has affirmed the high standard to be met by any challenge to a Deed of Company Arrangement (DOCA), where the DOCA compromises a commercial dispute with a third party. The court emphasised the DOCA must be shown to be contrary to the interests of the creditors in light of all relevant circumstances. More needs to be shown than a “not unrealistic prospect of a better outcome”…

In brief In response to the COVID-19 pandemic, the Federal Treasurer, Josh Frydenberg MP, has issued a determination that temporarily permits creditors’ meetings and other meetings governed by the Corporations Act 2001 (Cth) (Corporations Act) to be convened and conducted virtually (as opposed to physical meetings), provided that all persons entitled to attend are given a reasonable opportunity to participate. The Corporations (Coronavirus Economic Response) Determination (No.1) 2020 (Cth) (the Instrument) came into effect on…