Case law
What work was involved in this liquidation and why did it take the time and resources claimed?
A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff ...
When litigation goes wrong – costs certificates
Legal costs of parties to an appeal may be met by the government, to a certain amount, if there was some ...
Is the end result of Sakr Nominees continued “institutionalised time billing”?
While the insolvency profession might be satisfied with the final approval given to the liquidator’s remuneration, by Justice Ashley Black, in Sakr ...
A New Zealand Ponzi – the final outcome of McIntosh v Fisk
The second report of the NZ insolvency working group had deferred consideration of the application of the voidable transactions regime ...
Penalising insolvent companies – a King Charles I comparison
Regulators seeking penalties against companies in liquidation often reveal, as I have recently commented,[1] some serious signs of frustration that ...
NZ insolvency reform – gift cards, director identity numbers, voidable transactions, Ponzi schemes, and more
New Zealand does well in its insolvency law reform, partly assisted by not being a federation (no Linc Energy surprises), ...
Challenges to trusts by bankruptcy trustees – New Zealand law reform
A recent change to the New Zealand Insolvency Act 2006 (Schedule 1, new para (x)) has given power to the ...
The fees of insolvency lawyers – increased scrutiny under the new law
Liquidators and trustees in bankruptcy are more accustomed to seeing their own fees come under judicial scrutiny than the fees ...
Japanese restaurant’s accountant liable for fair work breaches
The recent court finding that an accountancy firm was liable for contraventions of the Fair Work Act by its client, ...
Freezing orders against alleged phoenixers
The Australian Taxation Commissioner has succeeded in having provisional liquidators appointed to alleged “phoenix” companies associated with a Philip Whiteman. ...
How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company
An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees ...
Traill’s 16th Insolvency Conference 1-2 May – a wrap-up
A wide range of legal and practice issues concerning the current insolvency law changes under the Insolvency Law Reform Act ...
Insolvency disclaimer of orphan wells – Linc Energy compared
While Australia is pondering the quirk in its Constitutional referral of powers arrangements which has resulted in Queensland’s environmental protection law ...
A Russian liquidation – part of “a long and abusive campaign on the part of the Russian Government”
Claims that the reinstated liquidation of a Russian company – DSL – was part of “a long and abusive campaign ...
Mental health and bankruptcy
The account of the bankruptcy of Sir Garfield Barwick and the personal impact that it had on him is a ...
Linc Energy – environmental law v insolvency law
“It is a simplistic statement but one that is necessary to emphasize: insolvency statutes … do not mesh very well with ...
Linc Energy – how not to regulate and enforce environmental laws
Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be ...
Liquidators’ remuneration – Sakr Nominees reaffirmed
A senior Judge has approved the remuneration of a liquidator in full based upon the principles set out in the ...
“Two issues of importance in insolvency practice” – holding DOCAs upheld; pre-appointment conflict claim rejected
What the WA Supreme Court described as the two issues of importance in insolvency practice were whether holding DOCAs (deeds of ...
The decision in Sakr Nominees – keeping it in proportion
The NSW Court of Appeal has disposed of authority that sought to apply percentage based calculations to liquidators’ remuneration in ...
Appeal decision in Sakr Nominees – remuneration of liquidators
A test case decision in Sakr Nominees from the NSW Court of Appeal will be given tomorrow 9 March at ...
Liquidators as the last in line – the Insolvency Law Bulletin
In an article entitled “Last Man Standing” in the Insolvency Law Bulletin, I have addressed the question of regulators tending ...
New insolvency laws commencing 1 March – Q&A
This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in ...
“This does not inspire confidence” – the appointment of special purpose liquidators
Special purpose liquidators (SPLs) are becoming increasingly common. They are often appointed when a creditor prefers another liquidator to investigate ...
