Case law

The Law in the Insolvency “Law” Reform Act 2016

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”

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

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

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

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 …

The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our

The Culleton bankruptcy

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

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

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

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 …

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

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…..

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

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?”

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?

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

“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

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

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

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?

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

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

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

The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of