Cross-Border Insolvency

As leading advisers in some of the most difficult matters to come into or out of Australia, our internationally recognised experts are accomplished at dealing with the complexities of cross-border insolvency work.

Overview

Major insolvencies are challenging, but when international dimensions are thrown into the mix, those challenges are multiplied. Dealing with these additional international complexities highlights the increasing importance of having advisers with an intricate knowledge of cross-border issues and complexities, along with the demonstrated expertise to achieve successful outcomes.

Experts in our field

With Australia's leading cross-border insolvency practice, our experts have long been immersed in the area.

John Martin advised one of the successful appellants in the House of Lords' HIH cross-border case, which took a significant step in promoting cross-border harmony and co-operation. Scott Atkins is the only Australian lawyer to be awarded an INSOL Fellowship for the successful completion of the inaugural Global Insolvency Practice Course while John Evans has worked extensively in the United States, Canada, New Zealand and the UK to protect the significant interests of ABC Learning Centres.


Expertise

Our cross-border expertise includes:

  • Cross-border restructurings and insolvencies
  • Schemes of arrangement 
  • Credit recovery 
  • Securities enforcement 
  • Corporate fraud investigation.

 

Credentials

HIH

In a landmark case, Henry Davis York acted for one of the appellants in the successful HIH appeal to the House of Lords, in which the Court accepted our client's position that "modified universalism" should be a guiding principle in cross-border insolvencies.

Mahogany

We advise Perpetual Trustee Company Limited (Perpetual), as trustee for retail note investors in Australia, New Zealand and Papua New Guinea, on a judgment obtained in the English High Court to enable certain provisions for the subordination of the rights or beneficial entitlements of Lehman Brothers Special Financing Inc. on its bankruptcy or default to be valid and effectual under English law.

We also acted for Perpetual in its successful defence of the appeal of the decision in the English High Court.

ABC Learning Centres

Henry Davis York has worked with the receivers of ABC Learning Centres to protect the group's significant interests in the United States.

In addition to protecting its shareholding in the Learning Care Group, the receivers have also been involved in proceedings in a number of US locations. They commenced recovery proceedings in Nevada for the return of substantial property holdings and loans. In Arizona, the receivers defended proceedings brought against the ABC group of companies for a substantial amount of damages relating to a development agreement.

Henry Davis York has also assisted the receivers in returning assets to Australia from Canada, New Zealand and the UK.

New Cap Reinsurance Corporation Limited and AFG Insurance Limited

We have acted for the liquidator and administrator (respectively) of these two failed Australian reinsurance companies in securing international protection of their assets and affairs.

Publications