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

12/03/2018 ANU Australian Academy of Law Constitutional law Courts

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

09/03/2018 Senate Committee Canada Case law chain of responsibility

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.

25/02/2018 international Regulators Banks and banking law Canada

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

12/02/2018 Canada Case law Constitutional law environmental

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

11/02/2018 Regulators Canada Case law chain of responsibility

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

08/10/2017 AFSA bankruptcy Case law Constitutional law

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

23/08/2017 Case law Constitutional law extensions of time Insolvency profession

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

10/08/2017 Case law Constitutional law ipso facto Law reform

There is no excerpt because this is a protected post.

Penalising insolvent companies – a King Charles I comparison

27/05/2017 Books, articles, commentary Case law Constitutional law History

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

16/04/2017 Books, articles, commentary Canada Case law Constitutional law

Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be ...