Case law
The Law in the Insolvency “Law” Reform Act 2016
The law has not been given much attention in the recent CLE and professional offerings on the new insolvency laws, with their ...
The Culleton bankruptcy – part 4 of 4 – and the effect of a “stay”
The end of this saga came on 10 February 2017, when the Full Federal Court made orders amending para 2 ...
Egon Kisch and Albert Piddington
The name Egon Kisch may not be familiar to many but a recent talk given at an event held by ...
If there is little money in the winding up, the liquidator will have to cut corners he might not otherwise cut
Insolvency practitioners have the choice to take on a liquidation or a bankruptcy and therefore must accept that there will ...
Sakr Nominees – insolvency practitioner remuneration
The recent decision of Justice Black in PrimeSpace Property [2016] NSWSC 1821 (15 December 2016) might be seen by some ...
Regulator reports on the high standards of insolvency practitioners, but …
The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our ...
The Culleton bankruptcy
Mr Rodney Norman Culleton, a federal politician, was made bankrupt by the Federal Court on 23 December 2016: Balwyn Nominees Pty ...
Review of APES 330 – Insolvency Services
When the Accounting Professional & Ethical Standards Board (APESB) updates APES 330 – Insolvency Services to take account of the new insolvency ...
Leave to sue despite a cross-border insolvency stay
Leave has been given by the English High Court for a claimant to continue proceedings against STX, a Korean ship ...
Sharing contempt penalties with liquidators and trustees
New Zealand courts will divide up fines imposed on directors or bankrupts for contempt for failure to assist insolvency practitioners, ...
the Sakr Nominees appeal and well beyond …
Whatever is said in the pending NSW Court of Appeal decision in Sakr Nominees, it is timely to propose that, ...
Mad Dogs could not legally perform its contract in breach of insolvent trading laws
An insolvent company cannot legally continue to perform its contract by which debts are incurred. Hence it has no claim ...
One of the dark arts…..
A court appointed receiver applying to the court for determination of his remuneration was subjected to 2 days cross-examination on ...
Liquidator’s remuneration approved, and power of sale confirmed
In yet another decision on remuneration, and the power of a liquidator to sell trust assets to recoup that remuneration, a ...
Trusts and liquidators’ rights of indemnity – whose decision is “universally regarded as incorrect?”
In determining that liquidators had a right of indemnity, and priority, over trust property for payment of their remuneration and ...
Reasons for Queensland Nickel’s Special Purpose Liquidators being Appointed?
Special purpose liquidators have properly been appointed by the Federal Court to some aspects of the Queensland Nickel companies of ...
New Zealand Voluntary Administration Law – an independence challenge to the administrators
“Pre-appointment work, including involvement in the drafting of a proposed deed of company arrangement, is not unusual in the corporate ...
The Halcyon Isle resurrected – the law applicable to maritime liens
In a case involving “an important issue for the operation of maritime law in this country” a 5 member bench of ...
Hanjin Shipping – an Australian perspective
The appointment of a receiver to the large South Korean Hanjin Shipping Line has had an impact in Australia, with ...
Insolvency practitioners’ duties of neutrality
Liquidators and administrators, and trustees, when their appointments are challenged, have a duty of neutrality, to provide relevant facts to ...
Remuneration of liquidators: Idylic Solutions, Templeton revisited – more of the same?
Judges’ inconsistency of approach in determining the remuneration of corporate insolvency practitioners is continuing. The respective state and federal courts ...
Consistency in judicial decisions – Marlborough Gold Mines revisited
A rather unsatisfactory situation is developing in the nation’s federal and state superior courts in their exercise of shared jurisdiction ...
Single touch payroll – disrupting the way things have been done
Single-touch payroll (STP) legislation was introduced into federal parliament on 31 August 2016 through the government’s Budget Savings (Omnibus) Bill ...
Gaps and weaknesses in our system of financial regulation
The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of ...
