Trends in personal insolvency given to Senate committee

Representatives of the personal insolvency law administrator – AFSA – appeared on 24 January 2019 before the Economics References Committee examining credit and financial services targeted at those at risk of financial hardship.  AFSA presented useful and interesting data – numbers and trends – paraphrased as follows. Bankruptcy and debt agreements Bankruptcy is the most […]

An employee or an independent contractor? a checklist

The AAT has given a useful decision, finely balanced on the facts and the law, that a person – Mr Roberts – was an employee of a company and not an independent contractor. The decision was given in the context of the Department of Employment finding that Roberts was an independent contractor of Ignite Homes […]

Liquidator’s right to disclaim contaminated land – important decision pending

Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme Court of Canada between a liquidator’s right to disclaim contaminated land and an environmental regulator’s claim to recoup remediation costs from the insolvent company’s assets. The Supreme Court has announced that judgment is to be […]

Does insolvency practice constitute a profession?

Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term may be defined. But in the wider context of all the recognised professions, and the criteria that they meet, there is some doubt that they constitute a profession. At least this is a threshold issue […]

Inquiry into debt services for those in financial hardship – 22 January hearing

The Senate Standing Committee on Economics inquiring into credit and financial services targeted at people at risk of financial hardship has its next hearing in Brisbane on Tuesday 22 January 2019. There is a wide mix of views from those attending: Dr Paul Harrison, Senior Lecturer, Marketing and Consumer Behaviour, Deakin University; Afterpay; Zip Co […]

A new priority of the Commonwealth in an insolvency?

The move generally in insolvency law, and under Australia’s Insolvency Law Reform Act 2016 (ILRA), has been to give creditors greater ‘say’ in an insolvency, including by having a statutory right to request information, subject to restrictions in respect of irrelevant, vexatious or other such requests. This right of creditors is provided for in section […]

The costs of lawyer litigants – ‘Chorley’ off to the High Court

Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as one of principle. Lawyers will know of the disputed ferry fare of one penny, in Balmain New Ferry Co v Robertson,[1] involving as it did the more important issue of false imprisonment. The High Court […]

Opportunistic and manipulative insolvency practitioners?

Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is too narrowly focused to provide a fair analysis of the issues involved. A thoughtful article has just been published in the UK, by Dr John Wood of Lancashire Law School, on which I offer these […]