Case and statute law
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
Professional body regulation of Australian insolvency practitioners
Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to
Bankruptcy trustees’ performance 2017-2018
AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to
273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …
A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge
Model Law on Cross-Border Insolvency – its procedural limitations
The Model Law on Cross-Border Insolvency is not quite as expansive in its assistance to foreign liquidators and trustees as
Revised draft of Australia’s 2014 insolvency code of practice
ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th
Trial decisions pending a High Court appeal in Amerind
It can be legally difficult to determine what the law is when a significant legal issue is on appeal, leaving
New draft version of APES 330 – Insolvency Services
APESB has issued a long-awaited revision of its insolvency code – APES 330 Insolvency Services – with a view to
