Case law
Insolvency practitioner independence – a ‘fair-minded’ or ‘uncharitably-minded’ assessment
The most recent decision on insolvency practitioner independence confirms an ongoing trend of treating the fair-minded observer, whose view is ...
Other constitutional restrictions on our politicians – treason, and bankruptcy
This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October ...
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out ...
Liquidators, and ASIC, acting without authority – all fixed
When a person inadvertently exercises powers without legal authority, a prompt legal response is required. The consequences can be serious, ...
Pay your tax debt now – only $…99.99
While a retailer’s $99.99 is a typical example of psychological pricing, the Tax Commissioner’s figure of $8,453,699.99 is not. Rather, ...
The cost of a victim of crime in pursuing her own justice
The personal and financial suffering that a victim of a serious physical crime can go through, and the costs of ...
“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.
“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal ...
A case of ‘just in case’ – Network Ten
The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company ...
Bankruptcy trustees’ remuneration challenge – continued
A Victorian Supreme Court decision gives some background to the regulator’s decision to reduce bankruptcy trustees’ remuneration by over $277,000, ...
The need to pick up the phone….
An appeal court has confirmed a finding that a liquidator who did not telephone a director to inquire about money ...
Protected: Ipso facto retrōspecto? No
There is no excerpt because this is a protected post.
Liquidators – let employees know about their rights to claim on FEG?
Mr Merante was an employee of a company for 15 years, from 2000 until shortly after it went into voluntary ...
Financial failure, bankruptcy and mental ill health – 2019
There can be a connection between a person’s mental health and their financial distress. In business, one can feed off the ...
“The human importance of bankruptcy”
The significance of bankruptcy and the need for its law to be clear and predictable is emphasized in a recent judgment of the ...
An extraordinary legal imposition on our Immigration Minister
The Daily Telegraph is right this time, it was an extraordinary finding by a court,[1] to expect our immigration politician ...
Seven Network v Harrison – costs orders and bankruptcy
The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment ...
Bankruptcy and mental incapacity
A son was obliged to ‘forum shop’ in order to assist his debt-laden father go into voluntary bankruptcy. The father had suffered ...
Ordinary course of post – seven business days not four
Section 160 of the Commonwealth Evidence Act 1995 is proposed to be amended to change the day when posted letters are presumed ...
Maritime review of the year
The Murrays Legal were pleased to attend the annual presentation at Norton Rose Fulbright on international maritime law developments given ...
Rough bankruptcy justice all round …?
Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling ...
The AAT strikes back
Mr Dutton, the immigration minister, has been found wanting in refusing an application by a Mr Singh for a 6 week bridging ...
Contempt of court – “arguing for days on the exact length of the split in the hair”
Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations ...
Is “outrageous” too strong a term to describe some of our new insolvency laws?
The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but ...
Creditor’s examination summons of a liquidator upheld
A creditor’s summons for the section 596A public examination of the liquidator about his sale of company property has been found ...
