Case and statute law
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
Company owners and sole traders
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?
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?
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?
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
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
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
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
Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC – held
Fees of insolvency practitioners and lawyers
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?
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
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
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
A 5 day bankruptcy hearing was cancelled in March 2021, in relation to matters occurring in 2012, being challenged in
Winding up Forum Finance
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
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
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
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’
A trustee in bankruptcy in England rejected a £5.7m proof of debt lodged by the revenue authority [HMRC][1] on what
