Case law

Condor Blanco – three useful propositions

This decision in Condor Blanco Mines Ltd [2016] NSWSC 1196 is important for three propositions: In general, it is not part of ...

The right to vote out under-performers – liquidators, politicians and ICAC

Insolvency practitioners are to be the subject to the same tenure arrangements as federal politicians, with creditors being able to ...

Liquidators’ remuneration further explained …

Obviously with an eye on the ‘controversy’ over how to assess liquidator’s remuneration, at least in NSW, Justice Robb of that Supreme ...

A lack of trust in the law of trusts

Joint liquidators had to apply to the court be appointed as receivers and managers of property held by them as ...

The Fishman’s non-payment of tax was not dishonest

The Fish Man Ltd was in liquidation. Its director, Mr Hadfield, raised and sold ornamental fish from 14 fish tanks ...

Concerns about liquidator misconduct hearings – no lawyer’s quibble

Concerns about the new processes to review the professional conduct of liquidators, and bankruptcy trustees, are discussed in light of ...

“when a company enters troubled waters” – the NZ approach to director conduct

While Australia considers how it should re-shape its insolvent trading laws, this June 2016 New Zealand decision illustrates how our ...

Liquidators’ perils in jumping the gun ….

A liquidator has been ordered to personally pay the legal costs of a creditor in a liquidation because he jumped ...

The Listing of The Halcyon Isle

This concerns maritime liens and the law by which they should be determined when the ship is arrested in Australia. ...

Remuneration of liquidators – Sakr Nominees – 1 November hearing

Criticism of inconsistency in judicial decision making in determining the amount liquidators should be paid for the work they do ...