Do old emails ever die?

A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges were its intimidating and threatening emails sent to its customers have been deleted and cannot be retrieved. The Judge was not convinced. Judicial notice After hearing expert evidence as to the nature of emails and […]

NZ insolvency practitioner costs recovery fees

The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for the commencement of the co-regulatory scheme for insolvency practitioners in June 2020. Excluding the accredited bodies’ fees, proposed government fees payable by each insolvency practitioner are a new registration fee of $170, and an annual […]

‘A good idea’ – assignment of a liquidator’s recovery rights

A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in a liquidation. The law concerning assignment of claims is however said to remain uncertain despite changes made to facilitate such transfers. In the case in hand, the ATO is owed $5.4m. The company – Anatax […]

Use of referees in insolvency litigation

Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees and their lawyers in pursuing insolvency litigation with a view to limiting the costs involved. He suggests more use be made of referees as one way of achieving this.[1] This is a part of a […]

ASIC’s period of external scrutiny

The Australian Securities and Investments Commission is properly subject to parliamentary oversight, apart from the on-going scrutiny it receives from its various stakeholders. At least four items of parliamentary oversight are coming up in the next month or so. 13 September – the PJC on Corporations and Financial Services is conducting its regular “oversight of […]

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 other issues covered by Murrays Legal associated with the environment, climate and insolvency case law and policy. A “hypothetical” on Climate Change: the Science and the Law Climate change and the law came in for […]