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Corporations Act redrafting – ch 5?
23/01/2024
OPC
ALRC 141
Corporations Act
Some years ago, I suggested to a Treasury officer that Ch 5 of the Corporations Act be redrafted and simplified. ...
The AFCA financial complaints scheme and bankruptcy – no appeal
24/12/2023
financial complaints
AFCA
AFSA
divisible property
Further to my case comment below, AFSA has, belatedly, advised that it is not appealing this decision of Justice Rares ...
Slow pace of litigation and incomprehensible laws
15/11/2023
ASIC
legislative drafting
billing
Former Federal Court judge Steven Rares is reported in the AFR[1] as having made several comments about the justice system ...
A recusal application dismissed; ALRC report on Judicial Impartiality awaited
03/03/2022
ALRC
recusal
Justice Steven Rares of the Federal Court of Australia has rejected an application to recuse himself from hearing a matter ...
Cross-border insolvency protection of a ship on its way to Australia
14/07/2021
Maritime
ship
An Italian shipping company – Michele Bottiglieri Armatore SpA – which is subject to Italian restructuring protection, a concordato preventivo ...
“Shortcomings of the Model Law on Cross-Border Insolvency (just some)”
21/07/2019
UNCITRAL
UNCITRAL Model Law
Model Law on Recognition
AFSA
Professor Martin Davies of Tulane Maritime Law Center recently offered a critique of the Model Law on Cross Border Insolvency ...
273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …
13/12/2018
General
Blog
A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge ...
Structural weaknesses in the Model Law on Cross-Border Insolvency?
05/07/2018
Cross-border insolvency
Maritime
UNCITRAL Model Law
General
Cross-border insolvency law necessarily tries to ensure that insolvency proceedings about a debtor in different jurisdictions are co-ordinated and fully ...
50 years of UNCITRAL – and recollections from Bob Ellicott
08/12/2017
General
international
UNCCA
UNCITRAL
At a lecture celebrating the 50th anniversary of UNCITRAL – the United Nations Commission on International Trade Law – a ...
Maritime review of the year
28/06/2017
General
Maritime
maritime liens
Case law
The Murrays Legal were pleased to attend the annual presentation at Norton Rose Fulbright on international maritime law developments given ...
What work was involved in this liquidation and why did it take the time and resources claimed?
05/06/2017
Case law
General
Insolvency Practice Rules
Insolvency profession
A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff ...
When litigation goes wrong – costs certificates
01/06/2017
Case law
costs certificates
Legal costs of parties to an appeal may be met by the government, to a certain amount, if there was some ...
The fees of insolvency lawyers – increased scrutiny under the new law
08/05/2017
General
ILRA
Lawyers
lawyers' fees
Liquidators and trustees in bankruptcy are more accustomed to seeing their own fees come under judicial scrutiny than the fees ...
The Halcyon Isle resurrected – the law applicable to maritime liens
28/09/2016
Halcyon Isle
Maritime
maritime lien
articles
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
Hanjin
Maritime
articles
Case law
The appointment of a receiver to the large South Korean Hanjin Shipping Line has had an impact in Australia, with ...
Consistency in judicial decisions – Marlborough Gold Mines revisited
12/09/2016
commentary
Law reform
Marlborough Gold
remuneration
A rather unsatisfactory situation is developing in the nation’s federal and state superior courts in their exercise of shared jurisdiction ...
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