Gadens Connect | 2021 Edition Four
In this edition of Gadens Connect, our team provides an overview of key performance indicators as we move into Christmas; an update on the new Financial Difficulty Guideline; an insight into legislative changes in relation to witnessing of affidavits (South Australia); a summary of FAQs regarding mortgagee in possession liability; and an overview of smoke […]
ReadmoreGadens Connect | 2020 Edition Four
This edition of Gadens Connect provides the first update from the new financial year for our clients in the financial services industry. COVID-19 has continued to impact business across Australia and we are continually working to support our clients where needed. We have seen our clients undertaking resumption activities with customers and preparing to deal […]
ReadmoreWhy courts from different jurisdictions are sitting together: Australia’s experimentation with joint hearings
Australian courts regularly cooperate with courts of different jurisdictions, both domestically and internationally. We see this, for example, when courts transfer proceedings to different jurisdictions, or stay proceedings to allow the continuation of proceedings in different jurisdictions. In recent times we have also seen the rise of a more direct form of judicial cooperation: joint […]
ReadmoreCOVID-19 | Emergency Amendments to Insolvency Laws
Government moves to amend insolvency laws The Commonwealth Government announced a range of temporary amendments to certain insolvency laws as part of its economic response to COVID-19. The amendments will temporarily affect insolvency laws, corporate governance, and directors’ duties. The purpose of the amendments is to support otherwise viable businesses which will temporarily suffer financial […]
ReadmoreCommon PPS Registration errors – what to do about them
The most common way for secured parties to perfect their security interests in personal property is by registration on the Personal Properties Securities Register. Download our process guide for details: Authored by: James Roland, Partner Clementine Woodhouse, Associate
ReadmoreIpso facto reforms – Can I enforce my contractual rights?
Ipso facto clauses are contractual provisions that allow a party to terminate or modify a contract on the occurrence of a specified event. The Commonwealth Government has introduced reforms which will limit the rights of a party to enforce ipso facto clauses in certain insolvency scenarios. The reforms come into effect on 1 July 2018. […]
ReadmoreIpso facto reforms at a glance
The Commonwealth Government has introduced reforms to the insolvency regime which will change the way in which ipso facto clauses in contracts operate on the occurrence of an insolvency event. These reforms come into effect on 1 July 2018. What are ipso facto clauses? Ipso facto clauses are provisions in contracts that allow a […]
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