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Corporations Act redrafting – ch 5?

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

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

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

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

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)”

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 …

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?

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

At a lecture celebrating the 50th anniversary of UNCITRAL – the United Nations Commission on International Trade Law – a ...

Maritime review of the year

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?

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

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

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

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 ...

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 ...