Case and statute law

Class actions and litigation funding – New Zealand law reform report

While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law …

Reprimand and more for a liquidator – that’s about as much as we know

By a media release ASIC has reported that a disciplinary committee has decided to reprimand a liquidator, Nicholas Crouch, under …

“The [too high] costs of insolvency”?

The Age newspaper in Australia has reported on what it describes as the “often extremely heavy” costs in administering insolvencies …

“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 …

FEG claim against receivers over circulating assets

The Fair Entitlements Guarantee [FEG] scheme through the Commonwealth has obtained orders delaying the deregistration of a company to allow …

Why do we have preference recoveries in insolvency? – updated

The High Court of Australia (Keane and Gleeson JJ) has granted the liquidators special leave to appeal from the Full …

ASIC’s power to wind up abandoned companies – a drop in the ocean?

ASIC has revised its guidance on the exercise of its powers to order the winding up of an abandoned company, …

Government’s law reform of schemes of arrangement a “complete waste of resources when the core problem brewing is in the SME market”

Some may agree or not with the “blunt” submission of an Australian liquidator and trustee on the government’s review of …

Diversity and inclusion in insolvency

Diversity in the qualifications, experience, knowledge and abilities of those in the insolvency industry is the subject of this article, …

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 …

“Voluntarily becoming bankrupt” – the new bankruptcy process

A person goes voluntarily bankrupt in Australia by completing an online “Bankruptcy Form” with the Official Receiver. What is now …

Liquidators’ examinations – a sea apart; legislative drafting – “a huge amount of material to wade through before they take a single step”

The decision of the High Court of Australia in Walton v Arrium [by majority (3-2)] adopting a broad interpretation of …

Company owners and sole traders

In the government’s proposed 5 year review of the Insolvency Law Reform Act 2016 changes, one particular issue needing attention …

Proof of service of a bankruptcy notice – why it is, or why is it, so important?

A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set …

Proof of service of a bankruptcy notice – why it is, or why is it, so important?

A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set …

Silos

Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?

With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations, …

Unconscionable and immoral corporate conduct – nothing personal

In imposing a $153 million penalty on a company already in liquidation, for its “deliberate and protracted unconscionable conduct of …

Insolvency Law Bulletin – October 2021 – Halifax, Arrium, MSME insolvency, letters of comfort, and (discretionary) trusts

The latest Insolvency Law Bulletin is out with a range of articles covering current and on-going issues in insolvency law …

High Court confirms principles of judicial independence

The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in …

Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads

Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC  – held …

Fees of insolvency practitioners and lawyers

After Jason Harris and I wrote about Justice Michael Lee’s comments on the high charge out rates of insolvency practitioners, …

What do creditors get from ‘successful’ recovery actions by insolvency practitioners?

A Judge has ordered that Trustees in bankruptcy file “evidence that identifies the benefits the creditors of the bankrupt estate …

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 …