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 …