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Case and statute law
Judicial inconsistency ‘should not be repeated’
10/08/2018
High Court
Marlborough Gold
General
Articles
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
04/08/2018
environmental
Canada
chain of responsibility
disclaimer
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
31/07/2018
bodies
regulation
Articles
Blog
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
25/07/2018
government liquidator
General
Articles
Blog
Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of ...
The Chorley exception – barristers included
16/07/2018
barristers
Chorley exception
Articles
Blog
This is a postscript to an earlier post about the Chorley exception, a legal rule that although self-represented litigants are ...
Demands by liquidators – trying their luck, or “no ifs, buts or maybes”?
10/07/2018
Case law
Insolvency profession
letters of demand
General
If anyone receives a letter from a liquidator of a company requesting, or demanding, important information, or payment of a ...
The perils of loud letters of demand
09/07/2018
Bible
letters of demand
Preferences
Suspicion of insolvency
A creditor being paid its debt following a letter of demand can be a Pyrrhic victory, if the debtor ends ...
Family law and bankruptcy – ‘creditors should be expected in these times to be aware’…
04/07/2018
annulment of bankruptcy
Family Court jurisdiction
General
Articles
The Civil Law and Justice Legislation Amendment Bill 2017 is before parliament, one purpose of its many amendments being both ...
ASIC’s annual ‘Dashboard’ report
02/07/2018
General
Articles
Blog
With the 2018 financial year over, government agencies need to prepare their annual reports, which, commonly, are becoming increasingly opaque. ...
Review of ASIC’s Annual Report 2016-2017 – 22 June 2018
17/06/2018
ASIC
ASIC annual report
General
Articles
The House Standing Committee on Economics is conducting an inquiry into ASIC’s 2017 annual report, this Friday 22 June, in ...
Registration of a liquidator, on conditions – Mansfield
08/06/2018
Registration and discipline processes
AFSA
ASIC
bankruptcy
The AAT has confirmed that a corporate insolvency practitioner’s ‘exposure’ to bankruptcy as being one criterion required to be met ...
Questions of advantage and efficiency in assessing insolvency practitioner independence
06/06/2018
Cross-border insolvency
independence
General
Articles
In a further indication of the changing views of the judiciary in relation to the need for the independence of ...
The tax stories – history regurgitates
31/05/2018
Ferguson
General
Australia’s new 2017 insolvency laws – described by one respected academic as the worst insolvency reforms he has seen in ...
Access by victims of crime to the perpetrator’s superannuation
28/05/2018
superannuation
victim compensation
Blog
Just as moneys in a bankrupt’s superannuation fund can in certain cases be used to pay their creditors, under the ...
Cross-border regulation of insolvency practitioners
27/04/2018
insolvency practitioners
regulation
The Insolvency Law Reform Act 2016 introduced a stronger regulatory regime over insolvency practitioners. It may not have been noticed ...
A contradictor in Mossgreen for the appeal hearing on 17 April
13/04/2018
contradictors
M: … An argument is a connected series of statements intended to establish a proposition. … Contradiction is just the ...
Linc Energy’s insolvency, environmental and constitutional issues are off to the High Court
12/04/2018
Canada
disclaimer
environmental
General
The filing of a High Court special leave application[1] from the decision in Linc Energy[2] concerning the rights of liquidators ...
Judicial digs
09/04/2018
Dickensian
family law
The judgments of some judges are worthwhile reading for reasons apart from their legal content. Justice John Logan of the ...
A liquidator’s ‘overbearing approach’ did not pay
08/04/2018
New Zealand
remuneration
General
A “ham-fisted” response by a liquidator to an application by a director to terminate the liquidation of his company, has ...
Liquidators’ knowledge of bankruptcy law?
27/03/2018
trustee and liquidator registration
General
Do aspiring liquidators working in corporate insolvency practitioners really have an issue with the need to have some ‘exposure’ to ...
A case of ‘just in case’ – Network Ten
12/08/2017
SIP 16
ARITA Code
Case law
independence
The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company ...
The Law in the Insolvency “Law” Reform Act 2016
14/02/2017
discipline
registration
articles
Case law
The law has not been given much attention in the recent CLE and professional offerings on the new insolvency laws, with their ...
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