The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was again raised before a Senate
With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case law is relied upon. Justice
This is a very brief commentary on and extracts from evidence given by Mr James Shipton and others from ASIC before the Parliamentary Joint Committee
This does no more than set out the opening paragraphs of Justice Clyde Croft’s judgment of 16 February 2018 about the 2012 collapse of Banksia
Following some articles last year dealing with mental health issues and financial difficulties – see for example Financial failure, bankruptcy and mental ill health, and
The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up costs for the WA government,
This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event being a Senate hearing on
Many less than 1% of bankrupts warrant an objection to discharge from their bankruptcy, trustees leave it til the last moment to lodge objections, and
The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest. For example, how many objections
The term ‘pussyfooting’ comes to mind when looking at the government’s proposed new ‘tough’ approach to employees’ unpaid super contributions by employers.[1] Varying estimates unpaid
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in relation to insolvency, may assist.
The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read in full to understand the
The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a system which saw an increase
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law enforcement focused department, to Treasury,
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining who pays for the remediation
Murrays Legal has, since June 2016, issued over 350 commentaries on the broad topic of insolvency, personal and corporate, from legal, economic, social and technology
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage them by what is known
Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send various items of copy off
Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends. While the safe harbour section 588GA of
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the Federal Court in Melbourne. The
Next Monday 18 December 2017 at 7pm, the Sydney Lawyers Orchestra is presenting its fourth annual Christmas concert in Sydney. The concert is being held
This is not a review of Peter Agardy’s ‘Trading Trusts Explained’ (LexisNexis) but an alert to its availability, its release very usefully timed when the
The Courts could usefully conduct a review of their corporate and personal insolvency rules, both to address the recent ‘harmonising’ reforms under the Insolvency Law
Although listed for tabling in parliament this year, the Bankruptcy Amendment (Debt Agreement Reform) Bill 2017 did not quite make it; some laws about marriage
