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Case law
The Law in the Insolvency “Law” Reform Act 2016
14/02/2017
articles
Case law
commentary
General
The law has not been given much attention in the recent CLE and professional offerings on the new insolvency laws, with their
The Culleton bankruptcy – part 4 of 4 – and the effect of a “stay”
13/02/2017
Books, articles, commentary
Case law
Cu
Culleton
The end of this saga came on 10 February 2017, when the Full Federal Court made orders amending para 2
Egon Kisch and Albert Piddington
10/02/2017
articles
Australian Academy of Law
Case law
commentary
The name Egon Kisch may not be familiar to many but a recent talk given at an event held by
If there is little money in the winding up, the liquidator will have to cut corners he might not otherwise cut
13/01/2017
articles
Case law
commentary
no funds
Insolvency practitioners have the choice to take on a liquidation or a bankruptcy and therefore must accept that there will
Sakr Nominees – insolvency practitioner remuneration
12/01/2017
Books, articles, commentary
Case law
New Zealand
remuneration
The recent decision of Justice Black in PrimeSpace Property [2016] NSWSC 1821 (15 December 2016) might be seen by some
Regulator reports on the high standards of insolvency practitioners, but …
31/12/2016
AFSA
bankruptcy
Books, articles, commentary
Case law
The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our
The Culleton bankruptcy
24/12/2016
bankruptcy
Case law
General
General
Mr Rodney Norman Culleton, a federal politician, was made bankrupt by the Federal Court on 23 December 2016: Balwyn Nominees Pty
Review of APES 330 – Insolvency Services
12/12/2016
APES 330
APESB
Books, articles, commentary
Case law
When the Accounting Professional & Ethical Standards Board (APESB) updates APES 330 – Insolvency Services to take account of the new insolvency
Leave to sue despite a cross-border insolvency stay
09/12/2016
Case law
cross-border
Leave has been given by the English High Court for a claimant to continue proceedings against STX, a Korean ship
Sharing contempt penalties with liquidators and trustees
06/12/2016
Books, articles, commentary
Case law
contempt
fines
New Zealand courts will divide up fines imposed on directors or bankrupts for contempt for failure to assist insolvency practitioners,
the Sakr Nominees appeal and well beyond …
22/11/2016
Books, articles, commentary
Case law
proportionality
remuneration
Whatever is said in the pending NSW Court of Appeal decision in Sakr Nominees, it is timely to propose that,
Mad Dogs could not legally perform its contract in breach of insolvent trading laws
20/11/2016
588G
Case law
insolvent trading
An insolvent company cannot legally continue to perform its contract by which debts are incurred. Hence it has no claim
One of the dark arts…..
19/11/2016
Case law
proportionality
remuneration
A court appointed receiver applying to the court for determination of his remuneration was subjected to 2 days cross-examination on
Liquidator’s remuneration approved, and power of sale confirmed
19/11/2016
Case law
remuneration
trusts
In yet another decision on remuneration, and the power of a liquidator to sell trust assets to recoup that remuneration, a
Trusts and liquidators’ rights of indemnity – whose decision is “universally regarded as incorrect?”
17/11/2016
Case law
trusts
In determining that liquidators had a right of indemnity, and priority, over trust property for payment of their remuneration and
Reasons for Queensland Nickel’s Special Purpose Liquidators being Appointed?
10/11/2016
Books, articles, commentary
Case law
reasons for decision
special purpose
Special purpose liquidators have properly been appointed by the Federal Court to some aspects of the Queensland Nickel companies of
New Zealand Voluntary Administration Law – an independence challenge to the administrators
12/10/2016
Case law
independence
New Zealand
NZ
“Pre-appointment work, including involvement in the drafting of a proposed deed of company arrangement, is not unusual in the corporate
The Halcyon Isle resurrected – the law applicable to maritime liens
28/09/2016
articles
Case law
commentary
Halcyon Isle
In a case involving “an important issue for the operation of maritime law in this country” a 5 member bench of
Hanjin Shipping – an Australian perspective
19/09/2016
articles
Case law
commentary
Hanjin
The appointment of a receiver to the large South Korean Hanjin Shipping Line has had an impact in Australia, with
Insolvency practitioners’ duties of neutrality
16/09/2016
articles
Case law
commentary
duties of IPs
Liquidators and administrators, and trustees, when their appointments are challenged, have a duty of neutrality, to provide relevant facts to
Remuneration of liquidators: Idylic Solutions, Templeton revisited – more of the same?
16/09/2016
articles
Case law
commentary
remuneration
Judges’ inconsistency of approach in determining the remuneration of corporate insolvency practitioners is continuing. The respective state and federal courts
Consistency in judicial decisions – Marlborough Gold Mines revisited
12/09/2016
articles
Case law
commentary
Law reform
A rather unsatisfactory situation is developing in the nation’s federal and state superior courts in their exercise of shared jurisdiction
Single touch payroll – disrupting the way things have been done
04/09/2016
ANAO
articles
Case law
commentary
Single-touch payroll (STP) legislation was introduced into federal parliament on 31 August 2016 through the government’s Budget Savings (Omnibus) Bill
Gaps and weaknesses in our system of financial regulation
03/09/2016
APRA
articles
Case law
commentary
The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of
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