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