Welcome to the third edition of From Red to Black in which we
analyse key developments in the Australian restructuring market.
were delighted to receive your feedback on our last edition,
including that the publication was "concise, interesting,
informative", provided a "really insightful perspective on
Australian restructuring", contained "excellent insights" and
(perhaps most importantly!) was "de-lawyered".
For 2017-2018 we have decided to deliver From Red to Black in smaller parcels periodically throughout the year. In this first instalment, we critically assess how our predictions in the last edition panned out, consider the implications of the recent decision of the Supreme Court of Western Australia in Hamersley v Forge (set-off and security interests in insolvency), in which our firm acted for the successful receivers, and report on the final form of the safe harbour and ipso facto reforms.
Please feel free to contact us if you would like to discuss
any of these topics ‒ as always, it would be our pleasure to discuss
these with you.