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 application, a certain scepticism exists that they are merely seeking to stall for time and delaying the inevitable. At the same time, the focus of a pending court winding up order is a real prompt […]

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 beyond in deciding whether a bankruptcy can take place at a point in time of a day before the first instant of that day. Time limits are important in law because a person with claims […]

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 Roberts – was an employee of a company and not an independent contractor. The decision was given in the context of the Department of Employment finding that Roberts was an independent contractor of Ignite Homes […]

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 Court of Canada between a liquidator’s right to disclaim contaminated land and an environmental regulator’s claim to recoup remediation costs from the insolvent company’s assets. The Supreme Court has announced that judgment is to be […]

A new priority of the Commonwealth in an insolvency?

The move generally in insolvency law, and under Australia’s Insolvency Law Reform Act 2016 (ILRA), has been to give creditors greater ‘say’ in an insolvency, including by having a statutory right to request information, subject to restrictions in respect of irrelevant, vexatious or other such requests. This right of creditors is provided for in section […]

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 one of principle. Lawyers will know of the disputed ferry fare of one penny, in Balmain New Ferry Co v Robertson,[1] involving as it did the more important issue of false imprisonment. The High Court […]

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 it may appear.  It did not assist Mr King, the US bankruptcy trustee of Zetta Jet, incorporated in Singapore, in trying to recover a luxury yacht named the Dragon Pearl, moored in Australia, and claimed […]