The Federal Court and the Constitution – public lecture, 15 March, Canberra
A free public lecture on the Federal Court and the Constitution is being given at the ANU on this Thursday 15 March from 5.30 to
12/03/2018
Traill’s 17th Annual Practical Insolvency Conference – a preview
Courts and governments and industry bodies are no doubt trying to have their remaining pending decisions and announcements out in time to be included in
12/03/2018
Offence reporting in insolvency
In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any particular views or conclusions; or
12/03/2018
Restrictions on failed entrepreneurs – 3 years, one, or none?
The current inquiries and debates about whether we should reduce our period of bankruptcy in Australia from three years to one have revealed some lack
11/03/2018
Linc Energy’s insolvency disclaimer prevails over environmental demands
The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal and policy tension between insolvency
09/03/2018
Some casual Friday comments on recent insolvency developments
This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes (Amerind) has now been decided,
02/03/2018
One ship has berthed – the insolvency and trust law decision in Amerind
The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of indemnity is to be dealt
28/02/2018
What’s bankruptcy all about?
Would you get out of bed in the morning, as an unsecured creditor of a bankrupt, for a dividend return of 0.83 cents in the
26/02/2018
Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at least five recent events relevant
25/02/2018
Restricting insolvency disclaimer rights in mining company failures?
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
22/02/2018
Avoid misleading cases – cite the latest court decisions
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
22/02/2018
ASIC before the PJC – phoenix, DINs, AA Fund and the continuing 3 sins of liquidators
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
21/02/2018
The tragic personal consequences of the collapse of Banksia securities
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
17/02/2018
A guide for those dealing with clients experiencing mental health and financial stress
Following some articles last year dealing with mental health issues and financial difficulties – see for example Financial failure, bankruptcy and mental ill health, and
15/02/2018
Cleaning up the law – WA’s old diamond and other mines
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,
12/02/2018
Cleaning up after a failed miner – who pays: Part 2
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
11/02/2018
The wider context of the proposed one-year period of bankruptcy
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
06/02/2018
ASIC and one-year bankruptcy, AUSTRAC, a fees claim settled, and more …
The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest. For example, how many objections
03/02/2018
Ensuring employees’ super gets paid
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
28/01/2018
What’s up, or on, in insolvency, early in 2018?
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.
18/01/2018
Macks v Viscariello – appeal outcome
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
17/01/2018
Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018
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
04/01/2018
Moving in together – personal and corporate insolvency law and policy
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,
29/12/2017
Cleaning up after a failed miner – who pays?
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
28/12/2017