Too poor to be made bankrupt?

Most bankruptcies pay nothing to unsecured creditors. But there are only limited circumstances where a debtor can resist bankruptcy by claiming that they have nothing. Creditors that do petition the court to make a person bankrupt may often have some particular focus on assets transferred or undisclosed; but even then, that creditor has to share […]

Places of open debate or ‘echo chambers of orthodox creeds’

The need for universities to maintain and encourage open debate, particularly in matters of controversy, was recently the subject of a talk for the Academy of Law by Robert French, Australia’s former Chief Justice.[1]  The topic has wider relevance, including to the professions.  Austin Asche Oration, Free Speech and the Law on Campus 17.9.2018 (3) […]

Unclaimed moneys in bankruptcies – the law reformed

Those who are owed “unclaimed moneys” arising from a bankruptcy – for example a creditor whose dividend payment went astray – are assisted by recent changes to a section of the Bankruptcy Act that dates back to the 1924 Act and before. What has been a long-standing injustice is being belatedly remedied by the Bankruptcy […]