Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health, LLC (No 2) [2022] FCA 1268

Federal Court of Australia

Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health, LLC (No 2) [2022] FCA 1268 File number: NSD 752 of 2022

Judgment of: LEE J

Date of judgment: 26 October 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – application for recognition of US bankruptcy proceeding pursuant to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (Model Law) contained in Sch 1 of the Cross-Border Insolvency Act 2008 (Cth) (Act) – whether US proceeding a "foreign proceeding" and a "foreign main proceeding" pursuant to Art 17 of the Model Law – application granted PRACTICE AND PROCEDURE – consideration of form of stay pursuant to s 16 of the Act and Art 20(1)(a) of the Model Law – whether Ch 11 of Title 11 of the US Bankruptcy Code analogous with voluntary administration scheme under Ch 5 Pt 5.3A of the Corporations Act 2001 (Cth) – stay ordered in form provided for in Ch 5 Pt 5.3A PRACTICE AND PROCEDURE – order sought dispensing with requirements of rr 15A.3(4)(a) and 15A.6(1) of the Federal Court (Corporations) Rules 2000 (Cth) – order made

Legislation: Corporations Act 2001 (Cth) Ch 5, Pts 5.3A, 5.3B, ss 9, 416, 435A(a), 435A(b), 439C, 440D, 445D, 601CL, Sch 2, s 90-15 Corporations Regulations 2001 (Cth) r 5.3B.03(1) Cross‑Border Insolvency Act 2008 (Cth) ss 6, 10, 10(b)(i), 13, 16, Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, Arts 2(a), 2(b), 2(d), 4, 6, 15, 15(2), 15(3), 16(3), 17, 17(1), 17(1)(c), 19(1)(a), 20(1) Federal Court (Corporations) Rules 2000 (Cth) rr 15A.3(4)(a), 15A.6(1), 15A.7, 15A.7(1) Title 11, United States Bankruptcy Code §§ 362, 363, 1112, 1126, 1129