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Case and statute law
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 ...
Company owners and sole traders
11/02/2022
In the government’s proposed 5 year review of the Insolvency Law Reform Act 2016 changes, one particular issue needing attention ...
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
24/01/2022
electronic service
bankruptcy notices
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set ...
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
24/01/2022
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set ...
Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?
20/12/2021
Treasury
silos
With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations, ...
Unconscionable and immoral corporate conduct – nothing personal
06/12/2021
penalties
In imposing a $153 million penalty on the Australian Institute of Professional Education, already in liquidation, for its “deliberate and ...
Insolvency Law Bulletin – October 2021 – Halifax, Arrium, MSME insolvency, letters of comfort, and (discretionary) trusts
31/10/2021
Insolvency Law Bulletin
The latest Insolvency Law Bulletin is out with a range of articles covering current and on-going issues in insolvency law ...
High Court confirms principles of judicial independence
06/10/2021
independence
judicial independence
The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in ...
Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads
10/09/2021
ALRC
judicial independence
Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC – held ...
Fees of insolvency practitioners and lawyers
15/08/2021
professional conduct
legal costs
legal profession
After Jason Harris and I wrote about Justice Michael Lee’s comments on the high charge out rates of insolvency practitioners, ...
What do creditors get from ‘successful’ recovery actions by insolvency practitioners?
08/08/2021
proportionality
A Judge has ordered that Trustees in bankruptcy file “evidence that identifies the benefits the creditors of the bankrupt estate ...
Cleaning up after failed oil and mining operations – new New Zealand laws, and other ideas
08/08/2021
disclaimer
environmental
mining
oil
The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a ...
The contributions of bankruptcy trustees to AFSA’s regulation of criminal conduct
03/08/2021
CDPP
criminal law
offences - bankruptcy
Bankruptcy trustees, and liquidators, and creditors in insolvencies, contribute much to the government, in effect for free. In a recent ...
Assigning bankruptcy claims to a former trustee
24/07/2021
assigment of claims
Official Assignee NZ
A 5 day bankruptcy hearing was cancelled in March 2021, in relation to matters occurring in 2012, being challenged in ...
Winding up Forum Finance
19/07/2021
just and equitable
In ordering that liquidators be appointed to Forum Finance Pty Ltd on 9 July 2021, the Federal Court explained the ...
Insolvency practitioner charge-out rates – the cost of carrying the State
16/07/2021
role of the state
In making a winding up order against Forum Finance,[1] Justice Michael Lee made this comment about the hourly fees of ...
Employees’ redundancy rights on the insolvency of their employer
15/07/2021
There are now a number of decisions from the Administrative Appeals Tribunal reviewing decisions of the Fair Entitlements Guarantee where ...
Cross-border insolvency protection of a ship on its way to Australia
14/07/2021
Maritime
ship
An Italian shipping company – Michele Bottiglieri Armatore SpA – which is subject to Italian restructuring protection, a concordato preventivo ...
The insolvency rule in ex parte James – another in a series of cases ‘dancing on pinheads’
09/07/2021
ex parte James
fairness
A trustee in bankruptcy in England rejected a £5.7m proof of debt lodged by the revenue authority [HMRC][1] on what ...
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