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Case and statute law
Bankrupt succeeds in gaining access to trustees’ notice to produce
21/02/2023
77A notice
requests for information
A bankrupt has successfully obtained a copy of a s 77A notice to produce served by his trustees on the
Breach of an undertaking not to enter insolvency, an undertaking that was “not worth the paper it was written on”
17/02/2023
contempt
penalties
In a penalty judgment against GetSwift, Justice Michael Lee had some comment to make about GetSwift’s entry into voluntary liquidation
DOCAs – should ‘not much of a return to creditors but better than the liquidation alternative’ be enough?
22/01/2023
DOCA
derisory dividends
Issued June 2021, re-issued January 2023 The WA Supreme Court has dismissed a challenge to deeds of company arrangement (DOCAs)
Relationships of a liquidator and conflicts of interest
30/12/2022
independence
funeral fund
special purpose liquidator
A general purpose liquidator has been found to have had a conflict of interest because a former legal adviser to
Penalties imposed on debt agreement administrator for false and misleading, threatening and coercive conduct against debtors
16/12/2022
AFSA
ASIC
debt agreements
ASIC has succeeded in obtaining penalties against A & M group for false and misleading threatening and coercive conduct against
Abolition of the AAT, and its insolvency law matters
16/12/2022
AAT
objection to discharge
The Administrative Appeals Tribunal is to be abolished we are told and replaced by a new administrative law review body
Receiver’s demand for documents made on a bankrupt director
18/11/2022
receivers
bankrupts
The New Zealand Court of Appeal has found that a director, despite being bankrupt, must hand over documents of the
NSW clubs and their insolvency appointments
03/11/2022
Registered clubs
The NSW Registered Clubs Act 1976 has a quaint provision – s 41 – providing that an insolvency appointee such
Ownership is sometimes but not always as it seems – presumptions for, presumptions against, and evidence
13/10/2022
presumption of advancement
resulting trust
A ‘wife’ has succeeded before the High Court in preventing the ATO claiming what it argued was her husband’s interest
Lawyers’ “grossly inflated” costs estimates
22/08/2022
legal costs
A Judge has dismissed a respondent’s application for security for costs that contained estimates that were “grossly inflated, far beyond
International insolvency case law from New Zealand and the UK
21/08/2022
High Court
Preferences
public examinations
New Zealand insolvency
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a
Class actions and litigation funding – New Zealand law reform report
24/07/2022
class actions
litigation funding
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
17/07/2022
ARITA
ASIC
reasons for decision
Registration and discipline processes
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”?
22/05/2022
remuneration
cost
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?
14/05/2022
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 …
30/04/2022
disclaimer
environmental
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
24/04/2022
Fair Entitlements Guarantee - FEG
circulating assets
Universal Distributing
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
23/03/2022
Preferences
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?
20/03/2022
phoenix activity
abandoned companies
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”
14/03/2022
MSME
schemes of arrangement
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
07/03/2022
competition law
Registration and discipline processes
Diversity
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
03/03/2022
ALRC
recusal
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
22/02/2022
AFSA
debtors petitions
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”
18/02/2022
class actions
legislative drafting
litigation funding
public examinations
The decision of the High Court of Australia in Walton v Arrium [by majority (3-2)] adopting a broad interpretation of
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