Schemes of Arrangement in Australia

Timothy Sackar, Jillian McAleese, Ashleigh Tang and Valarie Brewer of White & Case note that Schemes of Arrangement have traditionally placed a hefty evidentiary (and financial) burden upon the applicant debtor company but point to a recent case in which Jackman J accepted a much more limited scope of evidence and articulated a set of streamlined evidentiary principles that parties could adhere to when preparing members' schemes of arrangement, which may increase the use of the Scheme in 2024.

Read more.