Case and statute law
Liquidators – spending money to justify spending money
Charging a second fee to justify charging an initial fee might seem odd but this can be the case when
Judicial responsibility for a company’s collapse, and other ‘guns to the head’.
Judges make important decisions about the legal rights of parties in dispute. If the private parties agree, orders by consent
Treasury Laws Amendment (Measures for a later sitting) Bill 2018: Miscellaneous amendments
The law reform process of going through a piece of legislation and picking up minor errors is useful and necessary
Insolvency law – assets and liabilities, activities and affairs – ASIC and AFSA
ASIC has released its new Report On Company Activities and Property (ROCAP), said to have been the result of an
ASIC’s liquidator regulation activities – 2017-2018
Under s 136(1)(ca) of the ASIC Act, ASIC is required to report in its annual report on its activities under
Litigation funding – ASIC’s submission to the ALRC
ASIC’s submission[1] to the Australian Law Reform Commission on class actions and litigation funding seemed to be a surprise to
NSW Registered Clubs – insolvency law change required
Registered clubs all over the country get into financial trouble, sometimes requiring the formal insolvency processes under the Corporations Act
Competing with phoenix operators, rather than combatting – a goverment liquidator
The World Bank has come out with reports[1] that support the Australian government’s attempts to control unlawful phoenix activity, by
ASIC’s 2018 annual report – insolvency, what to expect
An interesting aspect of ASIC’s forthcoming 2018 annual report will be its review of the operation of the changes brought
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
Insolvency and trust law – a legislative solution is needed regardless of the High Court’s views
While the High Court no doubt gave special leave to appeal in Amerind under the statutory criterion of resolving legal
‘Employee’ claim rejected – he was a contractor, and a de facto director
A ‘employee’s’ claim for payment of unpaid wages by a company in liquidation was rejected by the department under the
Liquidators’ examinations – not the same judicial restraint in Australia as in England and NZ
As the Full Federal Court has just confirmed, an Australian liquidator may conduct a public examination of a prospective or
Linc Energy – High Court special leave hearing 14 September Brisbane
The High Court is hearing the special leave application from the Queensland Court of Appeal decision in Linc Energy on
Keay’s Insolvency – a law reform launch
The recent launch of the new 10th edition of Keay’s Insolvency prompted some pointed comments about the current insolvency system
New family law court structure introduced into parliament
The Federal Circuit and Family Court of Australia Bill 2018 (FCFC Bill) and the Federal Circuit and Family Court of
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler
Guardianship and bankruptcy – NSW law reform report misses the point?
A father who suffered a debilitating stroke left his son with the legal difficulty, in a quagmire of state and
Amerind – special leave granted
The story goes that a Supreme or Federal Court that convenes a larger bench than usual to hear a matter
One year bankruptcy and other changes – updated and corrected
[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13
Judicial inconsistency ‘should not be repeated’
The need for judicial consistency, between different appellate courts, was recently reiterated by the High Court in The Queen v
Insolvency and the environment – some law reform suggestions
While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High
Bodies everywhere – the regulation of liquidators and trustees
One of the most unusual reforms introduced by Australia’s 2016 Insolvency Law Reform Act was to give a large number
A government liquidator, and more
Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of
