Skip to content
Home
About Us
Contact
Home
About Us
Contact
Twitter
Linkedin
Rss
Case and statute law
Australian voluntary administrators appointed as New Zealand interim liquidators
21/09/2023
liquidator registration
New Zealand insolvency
In Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime – Murrays Legal, of August 2020, I explained the ...
ASIC v Jones [GD Pork] – insolvency practitioner independence and pre-insolvency advice
01/09/2023
independence
remuneration
PJC Insolvency Inquiry 2022
A court decision concerning insolvency practitioner independence and pre-insolvency advice usefully raises issues recommended for law reform review by the ...
Penalising cartel conduct – BlueScope Steel: $57m penalty, net profit $2.8b
29/08/2023
penalties
ACCC
The Federal Court has fined BlueScope Steel $57 million for cartel conduct under the Competition and Consumer Act 2010 (Cth) ...
NZ Supreme Court confirms Mainzeal directors’ liabilities for over NZ$39 million
25/08/2023
insolvent trading
NZ
The Supreme Court of New Zealand has dismissed directors’ appeals from a finding that they must pay over NZ$6 million ...
15 years for tax fraud – immoral and illegal
23/08/2023
ATO
corporate crime
tax crime
money laundering
Mr Adam Cranston has been sentenced to 15 years jail for his involvement in conspiracies to deprive the Commissioner of ...
ASIC v Bettles – case dismissed, with costs
21/08/2023
ARITA Code
ASIC
duties of IPs
PJC Insolvency Inquiry 2022
ASIC has lost a major Federal Court proceeding brought against a senior and experienced liquidator, Jason Bettles, alleging that his ...
“Record penalties” imposed … against insolvent companies
01/08/2023
penalties
deterrence
ACCC
While much is made of the “record penalties of $438m” penalties imposed on the Phoenix Institute and related companies for ...
Cancellation of a liquidator’s registration
09/07/2023
ASIC
practitioner regulation
While England is still deciding whether to change its system of insolvency practitioner regulation from one of co-regulation by professional ...
Insolvency practitioner independence – how commercial is the fair-minded observer?
04/05/2023
independence
A pending WA appeal decision may address the issue of the extent to which commercial considerations surrounding the appointment of ...
Now we have three Part 5.3B restructuring practitioners
01/04/2023
ASIC
Small Business Restructuring Practitioners (SBRB)
One more person has been appointed as a restructuring practitioner to conduct administrations under Part 5.3B of the Corporations Act ...
Liquidator discipline outcome – reasons unknown
17/03/2023
ASIC
Registration and discipline processes
A discipline committee has cancelled the registration of a liquidator but declined to publish its reasons for doing so. ASIC ...
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 ...
Categories
Main Menu
Case and statute law
Cross-border and international
Courts professions and regulation
History media other
Inquiries conferences and reports
Law reform
Site Search
Search
Search