Constitutional law
Bankrupt parliamentarians – ok or not?
At a time when the government has a Bill before Parliament to reduce the period of bankruptcy from three years …
The Federal Court and the Constitution – public lecture, 15 March, Canberra
A free public lecture on the Federal Court and the Constitution is being given at the ANU on this Thursday …
Linc Energy’s insolvency disclaimer prevails over environmental demands
The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal …
Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at …
Cleaning up the law – WA’s old diamond and other mines
The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up …
Cleaning up after a failed miner – who pays: Part 2
This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event …
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 …
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, …
Protected: Ipso facto retrōspecto? No
There is no excerpt because this is a protected post.
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 …
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 …
