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Courts ‘should be wary of [liquidator] disclaimers where environmental liabilities are to be passed onto taxpayers or innocent persons’

A court has set aside liquidators’ disclaimer of contaminated property on a challenge by the environmental regulator. Particularly in a …

Insolvency and climate change and environmental liabilities

INSOL Academics in Singapore on 1-2 April 2019 and the following day’s meeting of academics at the National University of …

Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada

The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim …

Environmental law and insolvency – Senate inquiry moves into 2019

The on-going tension between insolvency law and Commonwealth environmental law is being played out for one, in the Senate Environment …

Linc Energy’s insolvency, environmental and constitutional issues are off to the High Court

The filing of a High Court special leave application[1] from the decision in Linc Energy[2] concerning the rights of liquidators …

Linc Energy’s insolvency disclaimer prevails over environmental demands

The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal …

Environmental and insolvency law – parallel appeals in Australia and Canada

Australia’s odd constitutional arrangements have allowed a State environmental protection law to prevail over Commonwealth insolvency disclaimer law, in Linc …

NSW mines and their potential environmental impacts

In the context of the recent intersections between environmental protection laws and insolvency laws, in relation to CORA laws and Linc …

Linc Energy – environmental law v insolvency law

“It is a simplistic statement but one that is necessary to emphasize: insolvency statutes … do not mesh very well with …

Linc Energy – how not to regulate and enforce environmental laws

Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be …

Chains of responsibility – Queensland’s environmental protection law – part 2

The Queensland government has on 27 January 2017 issued a guideline under its new ‘chain of responsibility’ environmental protection legislation whereby …

Queensland’s environmental protection “chain of responsibility” law – part 1

Queensland’s new chain of responsibility laws seek to broaden the legal scope of those who should be held accountable for …

“National interest insolvencies” – creditors vs the public interest?

At a seminar in London on 11 May 2022 – National Interest Insolvencies – Should these be for the State …

Insolvency disclaimer or state control – furnaces and coke ovens, pyrophoric iron sulphide and methane, effluent lagoons and asbestos …

The High Court of Australia has dismissed the liquidators’ application for special leave to appeal in Australian Sawmilling because the …

Cleaning up after failed oil and mining operations – new New Zealand laws, and other ideas

The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a …

Reinventing Bankruptcy Law – Virginia Torrie

This is a very good book on Canadian insolvency law, sadly with no equivalent in Australia, as I explain below. …

UK gearing up for major corporate liquidations in ‘unpredictable times for the insolvency sector …’

In what appears to be ominous but necessary preparation for the continued economic consequences of COVID-19, the UK Insolvency Service …

Corporate Criminal Responsibility – final ALRC report

The Australian Law Reform Commission report, Corporate Criminal Responsibility (ALRC 136), was tabled in Parliament on 31 August 2020. The …

Insolvency practitioner independence – law and practice

One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain …

Major corporate collapses and the public interest – British Steel and more

The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are …

The Future of Australian Law Reform – the five top priorites?

The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on …

Climate change and the law

Here are details of two recent events on climate change and the law, followed by details of a range of …

General

General AllArticlesGeneral Insolvency Law Bulletin The latest Insolvency Law Bulletin will be out shortly, covering a range of current cases …

Government

Government AllLaw reformParliamentary Inquiries and ReportsRegulation Unclaimed bankruptcy moneys – new law Easier processes to recover unclaimed moneys in bankruptcy …