Case and statute law

Bankrupt succeeds in gaining access to trustees’ notice to produce

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”

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?

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

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

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

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

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

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

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

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

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

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