46-789: Fairbridge, Western Australia is a former farm school near Pinjarra in Southwest Western Australia . It is now used predominantly for education, school and community camps and tourism purposes. It is also home to Fairbridge College, a curriculum and reengagement secondary school. It is also a rural locality of the Shire of Murray in the Peel Region . On 15 April 1912, Kingsley Fairbridge and his wife, Ruby Fairbridge, arrived in Albany, Western Australia, from England and made their way to Pinjarra, arriving on 16 July that same year to establish
92-480: A child living near the Murray River are found in his first novel The Young Desire It . In 1974, an alumina refinery was established by Alcoa Australia Ltd , causing a boost in the population of Pinjarra and nearby Mandurah . Pinjarra is also the site of the world's largest bauxite mine. Pinjarra contains Pinjarra Primary School, Pinjarra Senior High School , and St Joseph's Catholic Primary School. Pinjarra
138-419: A deal to sell its assets to a buyer before appointing administrators to facilitate the sale. It is a legal way of selling the business on to a trade buyer or third party. A pre-pack is the process of selling the assets of a company immediately after it has entered administration. It is sometimes the case that the previous directors or management purchase the assets of the company from the administrator and set up
184-484: A debtor who has enough money left over after priority creditors and essential expenses may be able to arrange an individual voluntary arrangement. (Debtors with less serious problems may prefer a debt management plan .) The Republic of Ireland operates a similar process called examinership , but companies require permission from the High Court to enter and leave examinership. In New Zealand , voluntary administration
230-451: A floating charge created prior to 15 September 2003 retain their right to appoint an administrative receiver, but all purported rights to do so created after that date will be construed as rights to appoint an administrator, subject to certain specific, rare exceptions. A court order is issued that forbids any form of legal or insolvency action without the court's permission. An application to the court for an administration order may be made by
276-586: A more flexible regime is available under the Companies' Creditors Arrangements Act ("CCAA"). In UK law, the administration regime is governed by the Insolvency Act 1986 , as amended by the Enterprise Act 2002 . An "administrator" can be appointed without petitioning the court by the holder of a floating charge (created since 15 September 2003), by the company or by its directors. Other creditors must petition
322-461: A new company. This process has advantages in that it enables the administrator to realise a greater amount for the assets due to business continuity and that the goodwill of the company is preserved. The employees of the company are also usually transferred to the new company, preserving jobs. Pre-packs have attracted criticism because of the appearance it gives to unconnected parties that the company has just continued without its creditors. SIP 16
368-533: A significant phase in Australia’s migration history. From 1912 to 1980, Fairbridge Pinjarra played a significant role in the development of the British Empire and Australian migration history on child, single parent and family migration schemes. Many of the child migrants were falsely told that they were orphans and consequently never saw their families again. In 1986, the first Australian child migrant approached
414-410: Is a process designed to protect limited companies from their creditors while a debt restructuring plan is carried out and presented to creditors and courts. This administration order process requires a licensed insolvency practitioner to act as the administrator appointed by the court. The administration order does not concern joint debt. Pre pack is an insolvency procedure where a company arranges
460-474: Is also on the South Western Highway between Armadale and Bunbury , something which has both helped and hindered the town. Traffic through the town during holiday seasons has been known to stretch for kilometres north or south. As a result, there have been calls for the construction of a road bypass of the town. Administration (law) As a legal concept, administration is a procedure under
506-407: Is an officer of the court and an agent of the company, and is not personally liable for any contracts they make on behalf of the company. They have the power to do anything necessary or expedient for the management of the affairs, business and property of the company. The new administration regime introduced by the Enterprise Act 2002 replaces the previous situation where administrative receivership
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#1732876342032552-511: Is covered by the Companies Act 1993 , as amended under the Companies (Voluntary Administration) Regulations Bill in 2007. In Ukraine, a system of "sanation" ( Ukrainian : санація ) measures take place to prevent or lessen the effect of insolvency. The basic components of those measures include providing special loans and subsidies; exemptions for issuing a credit or taxation; restructuring of
598-468: Is operated by an administrator (as interim chief executive with custodial responsibility for the company's assets and obligations) on behalf of its creditors . The administrator may recapitalize the business, sell the business to new owners, or demerge it into elements that can be sold and close the remainder. Most countries distinguish between voluntary (board-decided) and involuntary (court-decided) receivership. In voluntary administrative receivership,
644-440: Is operating efficiently, with enough freedom of competition between insolvency practitioners and whether consumers and creditors are being treated as fairly as possible. An example of a pre-pack is the sale of the assets of Cobra Beer to Coors immediately after Cobra Beer entered administration. This allowed the brand to continue and saved jobs, but also left suppliers out of pocket by an estimated £75 million. In this process,
690-478: Is the operating base for the Hotham Valley Tourist Railway . Peel Zoo, known for its bird wildlife, is situated near Pinjarra. Pinjarra contains one shopping centre, Pinjarra Junction, which opened in 2008. Because of its close proximity to Mandurah and recent infrastructure and amenities investments, Pinjarra's population is likely to increase significantly through new subdivisions surrounding
736-587: The insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States . It functions as a rescue mechanism for insolvent entities and allows them to carry on running their business. The process – in the United Kingdom colloquially called being "under administration" – is an alternative to liquidation or may be a precursor to it. Administration is commenced by an administration order . A company in administrative receivership
782-660: The Aboriginal people; this group attacked the village consisting of over 20 mia-mias just after dawn. They approached from both sides of the river, which forced the people into the river where they caught the victims, mostly women and children, in a crossfire. Many bodies were left to float downstream. Official reports referred to it as a battle, and it was only over 150 years later that it was recognised as one of many colonial massacres in Australia. Surveys were carried out in 1836 and land allocated to settlers in 1837. By early 1898,
828-598: The British government to seek reparation. The approach eventually led to the establishment of the Child Migrant Trust in 1987. The Australian Government apologised for its involvement in the scheme, and in 1998 the Western Australian Government apologised to the former child migrants: "The Western Australian Government apologises to former child migrants who suffered physical, emotional and sexual abuse in
874-564: The June 30 deadline. In November 2020, The Guardian reported that Fairbridge Restored Limited was dormant and under administration , and that the administrator, Chris Laverty, had claimed that insolvency law in the UK meant Fairbridge was unable to comply with the redress scheme criteria. The chapel is the only building in Australia designed, and with construction overseen by noted British architect Sir Herbert Baker . Described as "the architectural jewel in
920-711: The National Estate in December 1997 that "Fairbridge is a striking example of Australia’s early philanthropic movement to resettle and educate migrant children." The Chair of the Heritage Commission at the time, Wendy McCarthy stated that "'by entering Fairbridge in the Interim List of the Register of the National Estate, we are not only recognising the efforts of this philanthropist, Kingsley Fairbridge, but also its role in
966-615: The UK Government would make an ex-gratia payment of £ 20,000 to any former British child migrant who was alive on 1 March 2018, or if alive as at that date and since deceased, the payment would be made to the deceased's beneficiaries. In July 2020, it was reported that the Australian Government had named Fairbridge Restored Limited as one of six institutions that had failed to sign up for the National Redress Scheme by
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#17328763420321012-590: The accepted spelling for many years was "Pinjarrah". There are conflicting theories regarding the meaning of the name, and it is usually said to mean "place of a swamp", as a corruption of the Aboriginal word "beenjarrup". However, Pinjarra is more likely to have been named after the Pindjarup people who frequented the area. Pinjarra is one of the earliest European settlements to occur in Western Australia; one of
1058-482: The administrator is appointed by the company directors. In involuntary administrative receivership, the administrator is appointed by a judicial court. The legal terms for these processes vary from country to country, and the processes may overlap. In Australia, an external administrator, also called an insolvency practitioner , is an independent person that is formally appointed to control an insolvent company's affairs. External administrators can be appointed either by
1104-510: The business's debts and capital; change of organizational and production structure of the debtor; full or partial nationalization; others. Following the dissolution of the Soviet Union and reforming the existing socialist law , in 1999 there was established a law "About restoring the debtor's solvency or declaring him bankrupt". The official who administers "sanation" is known as an "arbitral director" ( Ukrainian : aрбітрaжний керуючий ) and
1150-499: The coastal city of Mandurah . Its local government area is the Shire of Murray . At the 2016 census , Pinjarra had a population of 4910. Pinjarra is an area rich in history, and is the home town of a former State Premier - Sir Ross McLarty . It is near the site of the Pinjarra massacre , where between 14 and 80 Noongar people were killed by British colonists in 1834. The name was often shown spelt "Pinjarrup" on early maps, while
1196-573: The company and control of the company is given entirely to the administrator. Directors of the company are prohibited from acting in their capacity as directors for the duration of the administration, while administrators are personally liable for any debts incurred by the company in the course of the administration. The Bankruptcy and Insolvency Act provides mechanisms for consumer and general proposals in order to give time for an insolvent person to be able to reorganize his affairs. For insolvent companies (or affiliated groups) owing more than $ 5 million,
1242-427: The company's assets or carry out other tasks. Voluntary administration is when the directors of an insolvent company appoint an external administrator to investigate whether winding up the corporation can be prevented or delayed and to make recommendations to the directors and their creditors as to whether the company should enter into a deed of company arrangement, be wound up (i.e. liquidated ), or be returned to
1288-564: The company's assets will be managed to ensure better returns for its creditors than an immediate winding up. When a creditor petitions the court seeking a court liquidation (a court-mandated winding up) of an insolvent company, the court appoints a " provisional liquidator " to temporarily preserve the company's assets while the winding-up application is pending. Administrators are required to be registered liquidators since they have broad powers to deal with company property. The appointment of an administrator "freezes" any legal proceedings against
1334-404: The company's directors, a secured creditor , or by a court, and include: provisional liquidators , liquidators , voluntary administrators, deed administrators , controllers , and receivers . A receivership is when an external administrator known as a "receiver" is appointed by a secured creditor to sell off a company's assets in order to repay the secured debt , or by the court to protect
1380-471: The company, the directors, a creditor or any combination of them. The Enterprise Act 2002 amended the Insolvency Act 1986 to provide an out-of-court process to appoint an administrator to the holder of a floating charge or the company or its directors. This is considerably cheaper and simpler than the previous system, which involved an application to court. In the United Kingdom, an administration order
1426-421: The control of the directors. After an administrator is appointed, there are two meetings of creditors, held within tight time-frames, with the second being the most important as it will decide whether to enter into a deed of company arrangement (DOCA), end the administration or wind the company up. The DOCA is a binding agreement between a business and its creditors overseen by a deed administrator relating to how
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1472-575: The court can be produced at the courts discretion. Administration is analogous to going into " Chapter 11 " in the United States, although there are certain key differences, mainly stemming from the fact that English law does not include the debtor in possession concept. During the reorganisation period, as a result, the administrator usually runs the business rather than the directors, and any additional liquidity requirements effectively have to be met by funds provided by existing creditors rather than by any super-senior ' DIP financing '. The administrator
1518-465: The court to appoint an administrator. The administrator must act in the interests of all the creditors and attempt to rescue the company as a going concern . If this proves impossible the administrator must work to maximise the recovery of the creditors as a whole. Only then may the administrator attempt to realise property in favour of one or more secured creditors. A firm is usually in administration for no more than 12 months, after which an extension from
1564-579: The crown" of Fairbridge Village, the chapel was built in 1930–31 by the Western Australian Government with construction funded by British interests. Fairbridge Western Australia Inc. was established as a charity in 1983 and owns and operates Fairbridge Village. The organisation runs programs and services for young people including an independent school, registered training organisation, school and community camps. Fairbridge work closely with local employee Alcoa providing traineeships to youth from
1610-477: The first settlers in the area was Thomas Peel , who established a settlement at the mouth of the Murray River in 1830. In 1831, land was reserved for a townsite near a ford over the river. By 1834, word had spread about the rich loamy soils and pastures, bringing more Europeans to the area. In 1834, at the insistence of Thomas Peel, a group was organised and led by Governor James Stirling to do something about
1656-430: The local community. As a not for profit organisation all surplus funds are invested to provide opportunities for youth. The 30-hectare (74-acre) Village is run as a training facility for young people and as a tourist destination providing visitors with accommodation, catering and activities in its historic surroundings. It is the only Fairbridge Farm School site remaining out of the eight that were originally built around
1702-540: The original town-site. Armadale Railway Line also planning to extend till Byford in first phase and till Pinjarra in second phase. Pinjarra is home to both Thoroughbred Horse Racing and Harness Racing at Pinjarra Park and Pinjarra Paceway, respectively, under the authority of Racing and Wagering Western Australia . The feature race events held at these venues are the Pinjarra Cups, held in April and March of each year at
1748-499: The population of the town was 400, 300 males and 100 females. A British child migration scheme run by Kingsley Fairbridge established a farm school in the area in the early 1900s. Hundreds of orphaned children were educated at Fairbridge Farm between 1913 and 1981. Fairbridge Chapel was built at Pinjarra, in 1924 to Herbert Baker 's design. The author Kenneth (Seaforth) McKenzie grew up in Pinjarra, and parts of his experiences as
1794-649: The respective venues. Pinjarra and the Peel Region is also one of the major centres for WA Racing, with a number of trainers and breeders established in the region. Pinjarra station is located on the South Western Railway and served by Transwa 's twice daily Australind service from Perth to Bunbury . In September 2012 a Transperth bus service was inaugurated between Murray Hospital in southern Pinjarra and Mandurah railway station , via Mandurah Forum on Pinjarra Road , and Pinjarra town centre. Pinjarra
1840-655: The state's institutions". The following year the Christian Brothers , Sisters of Mercy and Poor Sisters of Nazareth launched a computerised personal history index to the records of former child migrants. On 24 February 2010, British Prime Minister Gordon Brown made a formal apology to the families of children who suffered. On 31 January 2019, the UK Government announced that following the Independent Inquiry into Child Sexual Abuse , which handed down its report in May 2018,
1886-491: The village have access to a 30-metre (98 ft) swimming pool, full sized sporting oval, tennis, beach volleyball, mini golf, art gallery and museum. Fairbridge was WA Tourism Award's Silver Medallist 2006 and 2007. Pinjarra Pinjarra is a town in the Peel region of Western Australia along the South Western Highway , 82 kilometres (51 mi) from the state capital, Perth and 21 kilometres (13 mi) south-east of
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1932-643: The world's first Fairbridge Farm School. The school opened on 19 October 1912. Kingsley wanted to see "little children shedding the bondage of unfortunate circumstances and stretching their legs and minds amid the thousand interests of the farm." From 1913 to 1982, Fairbridge Farm School was home to a total of 3,580 children who came to Fairbridge under various child migration schemes. The school provided education in task-learning, husbandry, metal work and wood work. During World War II , Dutch refugee children evacuated from Indonesia were based at Fairbridge while they were waiting to be reunited with their families. The site
1978-520: The world. Fairbridge offers historical tours and activities. It has a number of buildings which are used as conference and function venues and a coffee shop featuring local artworks. Fairbridge Village consists of 55 heritage listed buildings and ten newer buildings. The Village also has a chapel, dining hall, single and double storey cottages, training and sporting facilities. Accommodation can hold 370 people. There are 23 different self-contained cottages that sleep from 2 to 56 people. Guests staying at
2024-558: Was also used as a training ground for the Women's Land Army , and Guildford Grammar School partially relocated there while their school was used as a hospital base. An airfield was constructed and operated from the school during the Second World War until the 1950s. The Australian Heritage Commission commented, when announcing the listing of Fairbridge on the Interim List of the Register of
2070-421: Was available as an alternative to administration, which has traditionally been a more rescue-oriented insolvency regime. This regime allowed the holder of a floating charge to appoint an administrative receiver to realise assets in his favour, and also to block an administration order sought by a borrower. This was felt to be too favourable to the floating charge holder at the expense of other creditors. Holders of
2116-501: Was introduced in January 2009 to assist Insolvency Practitioners in pre-pack cases. It was designed to make the process more transparent for creditors, and to ensure that fair value was obtained for the assets. In November 2009, the Office of Fair Trading announced a study into corporate insolvencies, with particular focus on pre-pack administrations, to report on whether the insolvency market
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