Case and statute law

Amerind – special leave granted

The story goes that a Supreme or Federal Court that convenes a larger bench than usual to hear a matter …

One year bankruptcy and other changes – updated and corrected

[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13 …

Judicial inconsistency ‘should not be repeated’

The need for judicial consistency, between different appellate courts, was recently reiterated by the High Court in The Queen v …

Insolvency and the environment – some law reform suggestions

While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High …

Bodies everywhere – the regulation of liquidators and trustees

One of the most unusual reforms introduced by Australia’s 2016 Insolvency Law Reform Act was to give a large number …

A government liquidator, and more

Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of …

The Chorley exception – barristers included

This is a postscript to an earlier post about the Chorley exception, a legal rule that although self-represented litigants are …

Demands by liquidators – trying their luck, or “no ifs, buts or maybes”?

If anyone receives a letter from a liquidator of a company requesting, or demanding, important information, or payment of a …

The perils of loud letters of demand

A creditor being paid its debt following a letter of demand can be a Pyrrhic victory, if the debtor ends …

Family law and bankruptcy – ‘creditors should be expected in these times to be aware’…

The Civil Law and Justice Legislation Amendment Bill 2017 is before parliament, one purpose of its many amendments being both …

ASIC’s annual ‘Dashboard’ report

With the 2018 financial year over, government agencies need to prepare their annual reports, which, commonly, are becoming increasingly opaque. …

Review of ASIC’s Annual Report 2016-2017 – 22 June 2018

The House Standing Committee on Economics is conducting an inquiry into ASIC’s 2017 annual report, this Friday 22 June, in …

Registration of a liquidator, on conditions – Mansfield

The AAT has confirmed that a corporate insolvency practitioner’s ‘exposure’ to bankruptcy as being one criterion required to be met …

Questions of advantage and efficiency in assessing insolvency practitioner independence

In a further indication of the changing views of the judiciary in relation to the need for the independence of …

The tax stories – history regurgitates

Australia’s new 2017 insolvency laws – described by one respected academic as the worst insolvency reforms he has seen in …

Access by victims of crime to the perpetrator’s superannuation

Just as moneys in a bankrupt’s superannuation fund can in certain cases be used to pay their creditors, under the …

Cross-border regulation of insolvency practitioners

The Insolvency Law Reform Act 2016 introduced a stronger regulatory regime over insolvency practitioners.  It may not have been noticed …

A contradictor in Mossgreen for the appeal hearing on 17 April

M: … An argument is a connected series of statements intended to establish a proposition. … Contradiction is just the …

Linc Energy’s insolvency, environmental and constitutional issues are off to the High Court

The filing of a High Court special leave application[1] from the decision in Linc Energy[2] concerning the rights of liquidators …

Judicial digs

The judgments of some judges are worthwhile reading for reasons apart from their legal content. Justice John Logan of the …

A liquidator’s ‘overbearing approach’ did not pay

A “ham-fisted” response by a liquidator to an application by a director to terminate the liquidation of his company, has …

Murrays Legal

Liquidators’ knowledge of bankruptcy law?

Do aspiring liquidators working in corporate insolvency practitioners really have an issue with the need to have some ‘exposure’ to …

A case of ‘just in case’ – Network Ten

The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company …