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
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
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
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]
There is no excerpt because this is a protected post.
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
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
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.
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
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
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
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
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
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
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’
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
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
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
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
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
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
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
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
“… Nazi troops responded to this secret emigration campaign by inspecting all Danish boats, using specially trained dogs to sniff out hidden Jews. To combat this
The federal government is putting through laws that would give directors of companies greater latitude to incur debts that cannot be paid, with a view
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