Cross-border insolvency hearing between Australia and New Zealand

The Federal Court of Australia requested the High Court of New Zealand to help it jointly hear applications on 18 February relating to the pooling of various funds held by the Australian incorporated parent (Halifax AU) and a New Zealand incorporated subsidiary (Halifax NZ). A ‘letter of request’ to that effect was issued by the Federal […]

Halifax – no reason why the NZ High Court should not physically sit in Australia …

The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on 18 December 2019, and jointly, before Justice Geoffrey Venning of the High Court of New Zealand (NZHC), by video-link. The intermingled nature of the assets and liabilities of Halifax AU and Halifax NZ has prompted […]

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 […]

Winding up a company for $2,000?

A court has suggested that the minimum debt amount for which a creditor can proceed to apply to wind up a debtor before the court be increased from the present $2,000, an amount which “has remained frozen at this level for more than a quarter of a century”. And when courts make law reform suggestions, […]

Views of former High Court judges, on reasoned [sic] government decision making

Here are two rather politically telling comments of former Australian High Court judges from which we may each make our own assessment about how this lucky country is governed, and by whom. Mr Kenneth Hayne – “Trust in all sorts of institutions, governmental and private, has been damaged or destroyed”; and Mr Ian Callinan – […]

The costs and time in administering justice

Newspaper analyses of the work of judges by reference to numbers of matters heard, words written and time taken can be overly and unfairly simplistic, but they are at least some publicly accessible source by which the operation of the judicial system can be assessed. The difficulty is that the more substantial analyses behind and […]

Singapore’s new debt restructuring regime – the steak knives are out

Competition between courts and the legal regimes in which they operate is perhaps an odd concept, contrary to the image of the strict independence and objectivity expected of our judicial system and its officers. It does exist, at various levels, and is perhaps reinforced by individuals’ inherent competitiveness for territory and status.   The apocryphal […]