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Case law
Insolvency practitioner independence – a ‘fair-minded’ or ‘uncharitably-minded’ assessment
28/10/2017
APESB
Case law
General
independence
The most recent decision on insolvency practitioner independence confirms an ongoing trend of treating the fair-minded observer, whose view is
Other constitutional restrictions on our politicians – treason, and bankruptcy
08/10/2017
stigma
AFSA
bankruptcy
Case law
This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October
Amerind and Killarnee – ships in convoy, or on a collision course?
29/08/2017
bankruptcy
Case law
Insolvency Law Reform
Law reform
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out
Liquidators, and ASIC, acting without authority – all fixed
23/08/2017
Case law
Constitutional law
extensions of time
Insolvency profession
When a person inadvertently exercises powers without legal authority, a prompt legal response is required. The consequences can be serious,
Pay your tax debt now – only $…99.99
22/08/2017
Case law
While a retailer’s $99.99 is a typical example of psychological pricing, the Tax Commissioner’s figure of $8,453,699.99 is not. Rather,
The cost of a victim of crime in pursuing her own justice
18/08/2017
bankruptcy
Case law
Crime
realisations charge AFSA
The personal and financial suffering that a victim of a serious physical crime can go through, and the costs of
“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.
16/08/2017
Case law
Insolvency profession
Lawyers
mental health
“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal
A case of ‘just in case’ – Network Ten
12/08/2017
SIP 16
ARITA Code
Case law
independence
The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company
Bankruptcy trustees’ remuneration challenge – continued
12/08/2017
AFSA
Case law
Insolvency profession
Registration and discipline processes
A Victorian Supreme Court decision gives some background to the regulator’s decision to reduce bankruptcy trustees’ remuneration by over $277,000,
The need to pick up the phone….
10/08/2017
breach of duty to the company
Case law
General
General
An appeal court has confirmed a finding that a liquidator who did not telephone a director to inquire about money
Protected: Ipso facto retrōspecto? No
10/08/2017
Case law
Constitutional law
ipso facto
Law reform
There is no excerpt because this is a protected post.
Liquidators – let employees know about their rights to claim on FEG?
08/08/2017
Case law
Fair Entitlements Guarantee - FEG
General
General
Mr Merante was an employee of a company for 15 years, from 2000 until shortly after it went into voluntary
Financial failure, bankruptcy and mental ill health – 2019
08/08/2017
articles
bankruptcy
Case law
commentary
There can be a connection between a person’s mental health and their financial distress. In business, one can feed off the
“The human importance of bankruptcy”
07/08/2017
bankruptcy
Books, articles, commentary
Case law
The significance of bankruptcy and the need for its law to be clear and predictable is emphasized in a recent judgment of the
An extraordinary legal imposition on our Immigration Minister
25/07/2017
Case law
Dutton
Humour
Refugee law
The Daily Telegraph is right this time, it was an extraordinary finding by a court,[1] to expect our immigration politician
Seven Network v Harrison – costs orders and bankruptcy
19/07/2017
Case law
costs as provable debts
The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment
Bankruptcy and mental incapacity
06/07/2017
bankruptcy
Case law
History
Law reform
A son was obliged to ‘forum shop’ in order to assist his debt-laden father go into voluntary bankruptcy. The father had suffered
Ordinary course of post – seven business days not four
29/06/2017
service
articles
Case law
commentary
Section 160 of the Commonwealth Evidence Act 1995 is proposed to be amended to change the day when posted letters are presumed
Maritime review of the year
28/06/2017
Case law
Conferences and events
General
Maritime
The Murrays Legal were pleased to attend the annual presentation at Norton Rose Fulbright on international maritime law developments given
Rough bankruptcy justice all round …?
26/06/2017
Case law
General
remuneration
General
Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling
The AAT strikes back
19/06/2017
AAT
Books, articles, commentary
Case law
newspapers
Mr Dutton, the immigration minister, has been found wanting in refusing an application by a Mr Singh for a 6 week bridging
Contempt of court – “arguing for days on the exact length of the split in the hair”
15/06/2017
articles
Case law
commentary
General
Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations
Is “outrageous” too strong a term to describe some of our new insolvency laws?
15/06/2017
Case law
independence
Insolvency Law Reform
Insolvency profession
The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but
Creditor’s examination summons of a liquidator upheld
08/06/2017
abuse
ASIC
Case law
eligible applicant
A creditor’s summons for the section 596A public examination of the liquidator about his sale of company property has been found
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