Case law
Too much independence? a re-issue of my 2016 commentary
My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in ...
Bad timing? or will Euclid save the day?
Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and ...
Demands by liquidators – trying their luck, or “no ifs, buts or maybes”?
If anyone receives a letter from a liquidator of a company requesting, or demanding, important information, or payment of a ...
The reform of the intersection of trust and insolvency law – Killarnee
Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in ...
Release from bankruptcy of a deaf person
A deaf person, with some mental impairment, who was bankrupt was successful in having an objection to his discharge from ...
Does Political Criticism of Judges Damage Judicial Independence?* a paper by Dyson Heydon
This is the title of a recent article written by Dyson Heydon AC QC on contempt of court, with a ...
Offence reporting in insolvency
In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
Revisiting the Chorley exception
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage ...
Challenge to banktruptcy trustees’ remuneration – continued
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the ...
‘WTF’ – five years of tax returns not lodged!
Upon being told in 2102 by his accountant, D, that his company’s business activity statements had not been lodged for ...
Bankruptcy remuneration challenge referred to mediation – Groll
Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees ...
