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ARTICLE · 07 JULY 2018

Beyond the written record: Creditors granted acess to documents produced in public examination

Corrs Chambers Westgarth
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Insolvency practitioners should be aware that creditors may also request access to documents produced for an examination.

AustraliaInsolvency/Bankruptcy/Re-Structuring

This week's TGIF considers In the matter of Arrium Limited [2018] NSWSC 747 in which the Court granted creditors access to documents produced in public examinations.

WHAT HAPPENED?

On 4 November 2016, Arrium Limited and several of its subsidiaries entered into deeds of company arrangement (Arrium). On 23 April 2018, the joint and several deed administrators (Deed Administrators) of Arrium commenced public examinations of certain directors, officers, auditors and third party advisors.

As part of those examinations, the Deed Administrators prepared bundles of documents, either sourced from Arrium's books or produced by third parties, to be referred to and put to the examinees (Examination Documents).

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