Case and statute law
Some views on ASIC v Wily & Hurst
The views of Justice Brereton of the NSW Supreme Court have not prevailed following the decision by the High Court ...
‘Your place or mine, and for how long?’ – a lack of judicial independence
We might have noticed that courts in Australia and indeed in most comparable countries are usually housed in their own ...
Insolvency of trading trusts – Keay comments
Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind, ...
Revised insolvency standard for practitioners. As to their professional bodies …
The Accounting Ethical and Professional Standards Board (APESB) has approved a new and revised APES 330 – Insolvency Services, the ...
Some concession for small business bankruptcy under severe NSW law
NSW law can remove a person’s right to practice their job for up to 6 years, in the person has ...
ASIC’s “significant element of vexation”
ASIC has failed in an application to have an inquiry conducted into joint liquidators’ conduct – Hurst and Wily – ...
Unclaimed bankruptcy moneys – new law
Easier processes to recover unclaimed moneys in bankruptcy commence at the end of June 2019. The Official Receiver in Bankruptcy ...
An inquiry into a liquidator’s conduct, some many years ago
ASIC has succeeded in obtained a court order for an investigation of the conduct of a liquidator, in relation to ...
ASIC’s review of liquidators for 2017-2018 – continued fall in complaints
This ASIC Report 610 has been released, with some interesting points to note, and questions raised. It largely expands on ...
Litigants in person – issues for judges
Judges have to be careful about making public statements on current issues that may allow claims of bias. There can ...
Building security of payment laws – the impact of the claimant’s insolvency
Now that we have some consistent security of payment laws across the states and territories protecting building sub-contractors, there is ...
Litigation ‘for the benefit of creditors’ – really?
How much do unsecured creditors receive out of a liquidation or bankruptcy from any ‘successful’ judgment obtained by the liquidator ...
Insolvency administrator’s lack of attention to the sale of complex assets
A UK insolvency administrator has been found to have acted in breach of his duties to a broadcasting company, some ...
Coshott – a field of study?
Robert Gilbert Coshott was made bankrupt on 7 November 2008: see Shipton Lodge Cobbitty Pty Ltd v Coshott (No.2) [2008] ...
Last minute attempts to avoid a business being liquidated
When directors appoint a voluntary administrator the day before their company is before the court on a creditor’s winding up ...
Practitioner’s bankruptcy registration cancelled, and liquidator registration indefinitely suspended
A bankruptcy disciplinary committee has issued its reasons for deciding to cancel the registration of a trustee in bankruptcy, based ...
Bad timing? or will Euclid save the day?
Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and ...
Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada
The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim ...
‘The defaulter’s paradise is lost’ – an unsuccessful challenge to India’s new Bankruptcy Code
India’s new Bankruptcy Code has survived an initial challenge to its constitutional validity, with the Supreme Court of India waxing ...
An employee or an independent contractor? a checklist
The AAT has given a useful decision, finely balanced on the facts and the law, that a person – Mr ...
Liquidator’s right to disclaim contaminated land – important decision pending
Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme ...
A new priority of the Commonwealth – FEG – in an insolvency?
This post, of 18 January 2019, is reissued, for readers’ interest and information. The move generally in insolvency law, and ...
The costs of lawyer litigants – ‘Chorley’ off to the High Court
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as ...
Opportunistic and manipulative insolvency practitioners?
Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is ...
