My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in …
Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and …
If anyone receives a letter from a liquidator of a company requesting, or demanding, important information, or payment of a …
Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in …
A deaf person, with some mental impairment, who was bankrupt was successful in having an objection to his discharge from …
This is the title of a recent article written by Dyson Heydon AC QC on contempt of court, with a …
In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any …
The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal …
This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes …
The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of …
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at …
The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was …
With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case …
This does no more than set out the opening paragraphs of Justice Clyde Croft’s judgment of 16 February 2018 about …
The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up …
This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event …
The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest. …
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in …
The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read …
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining …
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage …
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the …
Upon being told in 2102 by his accountant, D, that his company’s business activity statements had not been lodged for …
Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees …
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