Terminating DoCA's (Part 4) – Exercise of Discretion

Emanuel Poulos and Richard Fisher AM of Ashurst review several recent cases confirming that the court applies a two-step test when asked to terminate a deed of company arrangement, first requiring a statutory ground to be established and then considering whether termination is justified in the interests of creditors or the public, with courts most often ending DoCAs where they involve discrimination, abuse of the regime or a loss of commercial confidence.

Read more.