A bankrupt and ‘one rooster, one peacock, three ducks, and 22 chickens …’

A person’s bankruptcy can arise from a host of circumstances, disputes with neighbours and non-compliance with local council requirements being a significant one. The 2012 bankruptcy of Maria Fokas arose from her allegedly and unlawfully keeping on her Kogarah property ‘one rooster, one peacock, three ducks, and 22 chickens when no more than 5 chickens could […]

Do old emails ever die?

A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges were its intimidating and threatening emails sent to its customers have been deleted and cannot be retrieved. The Judge was not convinced. Judicial notice After hearing expert evidence as to the nature of emails and […]

‘A good idea’ – assignment of a liquidator’s recovery rights

A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in a liquidation. The law concerning assignment of claims is however said to remain uncertain despite changes made to facilitate such transfers. In the case in hand, the ATO is owed $5.4m. The company – Anatax […]

Use of referees in insolvency litigation

Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees and their lawyers in pursuing insolvency litigation with a view to limiting the costs involved. He suggests more use be made of referees as one way of achieving this.[1] This is a part of a […]

Climate change and the law

Here are details of two recent events on climate change and the law, followed by details of a range of other issues covered by Murrays Legal associated with the environment, climate and insolvency case law and policy. A “hypothetical” on Climate Change: the Science and the Law Climate change and the law came in for […]

A liquidator found liable for breach of confidence and invasion of privacy

“To say there is bad blood between David Henderson and Robert Walker is an understatement. From the time Robert Walker was appointed liquidator of Property Ventures Ltd (PVL) on 27 July 2010, he has been on a collision course with David Henderson, former director of companies in the PVL group. Frustrated by PVL’s liquidation being […]

A legal ‘affront’ – the Chorley exception – has gone

In raising the fundamental equality of all before the law in the context of a lawyer’s costs in their own court proceedings, the High Court perhaps went a little too far. But an old rule in favour of lawyers’ costs has now been abolished, without, we are assured, impacting other more valid exceptions in the […]

Accountants’ insolvency code updated

A new standard for insolvency practitioners – APES 330 – has just been issued written in APESB’s unique style and offering guidance on issues in insolvency practice not covered – to some extent – by the law: responsibilities to creditors and others, timeliness, remuneration, meetings, and integrity and fairness.  The new version is said to […]