Author

Peter Lucarelli

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In brief Australia’s borders may be closed, but from the start of the pandemic, Australian courts have continued to grapple with insolvency issues from beyond our shores. Recent cases have expanded the recognition of international insolvency processes in Australia, whilst also highlighting that Australia’s own insolvency regimes have application internationally. Key takeaways There have been relatively few applications for recognition under the UNCITRAL Model Law since the pandemic started. Significantly these cases continue to recognise…

In brief With the courts about to consider a significant and long standing controversy in the law of unfair preferences, suppliers to financially distressed companies, and liquidators, should be aware that there have been recent significant shifts in the law about getting paid in hard times. Some sectors of the Australian economy continue to struggle with the consequences of the COVID-19 pandemic. Lockdowns without substantial government support make the future risk for current repayments different…