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

Built by Barristers,
For Australian Law.

1. Bankruptcy and Insolvency
2. › 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)
3. › whether US proceeding a “foreign proceeding” and a “foreign main proceeding” pursuant to Art 17 of the Model Law
4. › application granted
1. Practice and Procedure
2. › consideration of form of stay pursuant to s 16 of the Act and Art 20(1)(a) of the Model Law
3. › 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)
4. › stay ordered in form provided for in Ch 5 Pt 5.3A
1. Practice and Procedure
2. › order sought dispensing with requirements of rr 15A.3(4)(a) and 15A.6(1) of the Federal Court (Corporations) Rules 2000 (Cth)
3. › order made