In brief Australian courts continue to show their willingness to support foreign insolvency appointees’ efforts to investigate claims in Australia. Recent decisions,1 and ongoing cases, emphasise the role the Model Law in Australia can play in facilitating public examinations into claims relevant to a foreign insolvency appointment.  Key takeaways Recognition of a foreign insolvency appointment under the UNCITRAL Model Law on Cross Border Insolvency (“Model Law”), when the usual criteria for recognition are otherwise met, will…

In brief The High Court has confirmed the decisions of the NSW Supreme Court and Court of Appeal, that attempts in Australia to wind up the national flag-carrier airline of the Republic of Indonesia, PT Garuda Indonesia Limited (Garuda), cannot proceed. The airline is a “separate entity” of the Indonesian government. As such, it successfully relied on its arguments to assert foreign state immunity in this case. Whilst similar provisions exist in other legislation, including…