33-823: Red Rooster is an Australian fast food chain. It sells roast chicken alongside common fast food items, such as burgers, chips , salads, and beverages. Since 2021, it has offered fried chicken . In 1972, Peter and Theo Kailis opened the first Red Rooster in Kelmscott, Western Australia , a suburb of Perth . They sought to compete with American fast food chains such as Kentucky Fried Chicken , which came to Australia in 1968, by emulating their standardised model. Red Rooster proved successful, growing to 45 stores in Western Australia and Victoria before Myer bought it in 1981. Myer's 1986 purchase and merger of another chain, Big Rooster , into Red Rooster expanded it into
66-537: A legal concept, administration is a procedure under 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
99-405: 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 the company and control of the company is given entirely to the administrator. Directors of
132-413: 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 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
165-419: 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
198-490: 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
231-451: 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
264-605: 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
297-461: 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
330-424: A precursor to it. Administration is commenced by an administration order . A company in administrative receivership 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
363-649: A private equity group based in Hong Kong , who bought Craveable Brands for about $ 500 million. In Queensland later that year, seven Red Rooster stores on the Sunshine Coast closed when the franchisee went into voluntary administration . The demographer Bernard Salt has noted that Red Rooster restaurants in Sydney are almost all in Greater Western Sydney , with the 'Red Rooster Line' dividing
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#1732779907602396-410: 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
429-404: Is an independent person that is formally appointed to control an insolvent company's affairs. External administrators can be appointed either by 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
462-407: 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
495-523: 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
528-440: 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,
561-539: Is the sixth-most popular fast food restaurant in Australia. In 1972, Peter and Theo Kailis opened the first Red Rooster in Kelmscott , a suburb of Perth . The brothers were inspired by a chicken shop on Wanneroo Road . It marked a departure from their family background in fishing, pearling , and seafood. Unlike local restaurants, Red Rooster sought to compete with American fast food chains by emulating their standardised menu, branding, and marketing strategies. At
594-723: The Baulkham Hills, New South Wales restaurant, in partnership with Menulog . As well as delivery to homes, it was announced delivery options to businesses, sporting clubs and local organisations would be available. Fast-food restaurant Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 211345060 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 07:45:07 GMT Administration (law) As
627-412: 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 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
660-516: 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
693-781: The city between the richer east and north, and the poorer west and south. In 2009, Red Rooster ran an advertising campaign called "They don't get it in America" featuring comedian Tom Gleeson in the United States asking people about Red Rooster. In 2010, Red Rooster was a sponsor of Supercars Championship team Holden Racing Team . In 2016, the team returned as the title sponsor of the Sydney SuperNight 300 . In 2011, Red Rooster changed to promoting its restaurants as healthy, fresh and quick. Red Rooster launched its trial delivery service through Menulog in September 2014 from
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#1732779907602726-481: 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,
759-478: 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
792-575: 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
825-465: 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
858-421: 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 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
891-449: The eastern states. In 2002, Chicken Treat owner Australian Fast Foods (AFF) acquired Red Rooster. It changed hands between private equity firms several times and is currently owned by Craveable Brands , a holding company of PAG Asia Capital which also owns Chicken Treat and Oporto . In 2010, most Red Roosters were converted into franchises . While it has experienced a decline in popularity in recent years, as of 2021, Red Rooster
924-500: The remainder. Most countries distinguish between voluntary (board-decided) and involuntary (court-decided) receivership. In voluntary administrative receivership, 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 ,
957-553: The same site as Red Roosters. After the deal, Peter Kailis retained his positions as chairman and general manager. In 1986, Coles Myer bought the Big Rooster chain to expand into the eastern states (except non- Steggles ' Queensland stores, formerly known as "Big Rooster", which were purchased in 1992), and renamed the stores "Red Rooster". Big Rooster remains operational in Papua New Guinea . In 2002, Red Rooster
990-867: The time, American franchises such as McDonald's were yet to expand to Western Australia . They entered the Australian market in 1968, when Kentucky Fried Chicken (KFC) opened in Sydney , proving popular with the country's fledgling restaurant scene . Red Rooster quickly proved successful. In July 1981, when the Myer Emporium bought the chain for $ 8.97 million, it was the fourth-largest fast food group in Australia. It had 28 locations in Western Australia and 12 in Victoria , alongside five Red Bull hamburger outlets, which were separate buildings on
1023-421: 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
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1056-510: 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
1089-880: Was purchased by Western Australian company Australian Fast Foods , which owned the competing Chicken Treat fast food chain. In 2007, both chains were sold for $ 180 million to a consortium formed by the management and Quadrant Private Equity . In 2009, the Red Rooster chain in New Zealand closed its stores. The first New Zealand outlet, in Takanini , had opened in December 2004. In 2010, Red Rooster changed company-owned stores to franchises. In 2011, Quadrant Private Equity sold parent company Quick Service Restaurant Holdings (later renamed Craveable Brands ) to Archer Capital . In 2019, ownership switched to PAG Asia Capital,
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