Getting rid of liquidators
While no-one in business likes losing a client or customer, usually, it happens all the time, as a matter of commercial choice. Insolvency practitioners –
10/07/2017
Advanced Business Law Conference – the major insolvency reforms: 3 October 2017
I am presenting at the Advanced Business Law Conference at the College of Law in Sydney on Tuesday 3 October 2017. My topic is what the
07/07/2017
Bankruptcy and mental incapacity
A son was obliged to ‘forum shop’ in order to assist his debt-laden father go into voluntary bankruptcy. The father had suffered a stroke leaving him with severe cognitive
06/07/2017
Law – a noble pursuit or a profit centre? The Australian Academy of Law’s second ethics debate
A lively debate between senior lawyers from the bar, the big firms, the regulator, and community legal centres was held on 20 June, with a
03/07/2017
Environmental and insolvency law – parallel appeals in Australia and Canada
Australia’s odd constitutional arrangements have allowed a State environmental protection law to prevail over Commonwealth insolvency disclaimer law, in Linc Energy Ltd (in Liq) [2017]
03/07/2017
Protected: Law reform fixes needed to ensure protection of trustees and liquidators
There is no excerpt because this is a protected post.
01/07/2017
Ordinary course of post – seven business days not four
Section 160 of the Commonwealth Evidence Act 1995 is proposed to be amended to change the day when posted letters are presumed to be delivered “in the
29/06/2017
Maritime review of the year
The Murrays Legal were pleased to attend the annual presentation at Norton Rose Fulbright on international maritime law developments given on 22 June 2017 by
28/06/2017
“with all due respect an exceptionally opaque process in changing important aspects of company law”
A judge is very critical of the “Henry VIII” process by which the commencement date of the Insolvency Law Reform Act 2016 has been deferred.
27/06/2017
Rough bankruptcy justice all round …?
Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling the bankruptcy. While the inevitable
26/06/2017
ASIC’s 2017 annual report – what to expect in insolvency regulation
Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains what work ASIC has been
25/06/2017
The AAT strikes back
Mr Dutton, the immigration minister, has been found wanting in refusing an application by a Mr Singh for a 6 week bridging visa, based upon his conviction
19/06/2017
Contempt of court – “arguing for days on the exact length of the split in the hair”
Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations of that law by judges
15/06/2017
Is “outrageous” too strong a term to describe some of our new insolvency laws?
The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but various provisions are being applied
15/06/2017
A safe harbour from our harsh insolvency laws?!
The “safe harbour” reform bill has been introduced into federal parliament to address directors’ “medium risk” of liability for insolvent trading. The reform represents a significant
15/06/2017
Accountants and NOCLAR – more than a systems update
Professional accountants in Australia will soon be bound by a new standard that could require them to report offences to the police, or, in accountants’
11/06/2017
Creditor’s examination summons of a liquidator upheld
A creditor’s summons for the section 596A public examination of the liquidator about his sale of company property has been found not to be an abuse
08/06/2017
Penalty privilege – one says hello, the other says goodbye
There are at least two unsatisfactory stories in this. The first one first. The High Court’s decision in Rich v ASIC was big news in
07/06/2017
What work was involved in this liquidation and why did it take the time and resources claimed?
A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff spending over 940 hours of
05/06/2017
When litigation goes wrong – costs certificates
Legal costs of parties to an appeal may be met by the government, to a certain amount, if there was some unfortunate outcome or circumstance in
01/06/2017
Is the end result of Sakr Nominees continued “institutionalised time billing”?
While the insolvency profession might be satisfied with the final approval given to the liquidator’s remuneration, by Justice Ashley Black, in Sakr Nominees Pty Limited [2017] NSWSC
30/05/2017
A New Zealand Ponzi – the final outcome of McIntosh v Fisk
The second report of the NZ insolvency working group had deferred consideration of the application of the voidable transactions regime under the Companies Act and
29/05/2017
External dispute resolution and complaints framework, and “debt managers”
Whether or how to regulate “debt management” firms comes up in the government’s decision to accept all 11 recommendations of the first comprehensive review of the
29/05/2017
Penalising insolvent companies – a King Charles I comparison
Regulators seeking penalties against companies in liquidation often reveal, as I have recently commented,[1] some serious signs of frustration that their quarry has escaped their
27/05/2017
