Navigating a Restructure: Contractual Rights

by

Ed.

From sladen.com.au: Section 454N of the Corporations Act 2001 (Cth) provides protection against the enforcement of certain contractual rights during a company’s restructuring.

The Supreme Court of South Australia has ruled that the protection could extend beyond the restructuring period, rejecting the argument that contractual rights arising post-restructuring could be enforced.

Key takeaways emphasise the need for businesses to seek legal advice on the implications of contractual rights during restructuring efforts, as the protection is not universally applicable.

Filed under: Business Law, Insolvency

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