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 …