Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health, LLC [2022] FCA 1195

Federal Court of Australia

Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health, LLC [2022] FCA 1195 File number(s): NSD 752 of 2022

Judgment of: HALLEY J

Date of judgment: 28 September 2022

Date of publication of reasons: 6 October 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – interim application for stay pending recognition of foreign proceeding as a foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) – US bankruptcy proceeding – whether US bankruptcy proceeding likely to be recognised as a foreign main proceeding at the final hearing – whether interim relief necessary to protect assets of the debtor or interests of creditors – material risk that assets of company might be diminished – application granted PRACTICE AND PROCEDURE – order sought that requirements of rr 15A.3(4)(a) and 15A.6(1) of the Federal Court (Corporations) Rules 2000 (Cth) be dispensed with – where plaintiff sought alternative notification orders in which they must serve a notice that combines the information included in Forms 20 and 21 – orders made

Legislation: Corporations Act 2001 (Cth) s 416 Cross-Border Insolvency Act 2008 (Cth) s 6 Cross-Border Insolvency Act 2008 (Cth), Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL), arts 2, 6, 15, 17, 19, 20 Federal Court (Corporations) Rules 2000 (Cth) rr 15A.3, 15A.6 Title 11, United States Bankruptcy Code, Ch 11