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The Arrium judgment - a radical shift or business as usual?

14 December 2021

Dispute Resolution & Litigation, Restructuring & Insolvency

Gavel on black background

The December edition of the Australian Restructuring Insolvency & Turnaround Association (ARITA) journal includes a feature article, authored by members of ABL’s renowned litigation practice who represented the Liquidators of Arrium, exploring the impact of the decision by the NSW Supreme Court in proceedings brought by creditors of the Arrium group.

In the article, partners Caroline Goulden and Leon Zwier, lawyer Emma Ffrench-Mullen and graduate Craig Evans, consider the significance of the Court’s decision to the rights of creditors to pursue directors and senior officers in respect of their losses following one of the largest corporate collapses in Australian history.

Does the decision signal a departure from existing authority and practice, they ask, or is it the product of the unique circumstances of the case?

ABL acted for the liquidator plaintiffs in their claims against former directors and executives of the Arrium group for breaches of the prohibition against insolvent trading, which case settled shortly before the end of the trial.

To read the article, click here.

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