Restructuring and Disputes 

Distressed investors are increasingly considering opportunities in Australia across a number of key sectors and industries.

Like any sophisticated jurisdiction, the potential for contentions involving commercial parties is always a risk, particularly in an increasingly active class action litigation environment.

Explore the latest themes in the Australian restructuring and disputes market.

The last decade has seen US and international capital play an increasing role in the Australian restructuring and insolvency market. Offshore funds are providing greater access to capital and more opportunities for large-scale restructures. The reality of cross-border stakeholders has also prompted Australian debtors to look at options and safeguards available via overseas restructuring tools and technology. A by-product of this shift is that US-style, high stakes litigation is becoming more common in Australian restructuring. We look at how the rules of the game have changed for successful restructures in Australia.
The private capital market has grown significantly in the last few years and is now a very real and genuine source of finance for the Australian market. The 2019 Banking Royal Commission, increased regulation of Australia's retail banks and general market volatility created by the COVID-19 pandemic, have each contributed to opening the door for sophisticated offshore and onshore private credit funds to grow their Australian platforms. Coming up as the winner in a liquidity challenged environment due to its flexibility, we explore the opportunities this new class of non-bank lender offers to corporate Australia.
ESG is dominating in several industries and sectors in Australia now as it is around the globe. In Australia we have only really seen the 'E' play out in the advisory sphere, though the 'S' and the 'G' are increasingly coming in to focus. How is this dynamic playing out for restructurings and financings? We explore the winner and losers in the ESG restructuring debate
Greg Williams and Emily Tranter explain why companies operating in Australia need to carefully consider climate related risk, and ensure they are disclosing material risks and have a reasonable basis for any climate related claims

Here's what else you need to know. 

There has been a number of significant developments to the Australian litigation funding and class action landscape. Hear from Greg Williams as he explains these changes and the impact on the Australian class action industry
Greg Williams and Alexandra Rose explore the big changes in the Australian litigation funding landscape as a result of the Brewster decision in late 2019 and its impact on litigation funding capital in Australia
With an evolving market and environment of innovation, the frequency of restructurings being led by foreign investors is increasing, says Timothy Sackar
Karen O'Flynn describes the trends and challenges in Australian restructuring
Colin Loveday explores the issues and trends in Australian class actions

Learn more about Australia's restructuring and disputes environment

  • From Red to Black is our publication analysing the key developments in the Australian restructuring market.    
  • There are various forms of external administration to manage insolvent companies in Australia, and this is explored in our practical guide for overseas investors Doing Business in Australia.
  • Colin Loveday and Andrew Morrison explain the basics of Australian class action law in this chapter excerpted from Global Legal Group's International Comparative Legal Guide to Class Actions 2017.  

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