General
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 ...
Restricting insolvency disclaimer rights in mining company failures?
The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was ...
Avoid misleading cases – cite the latest court decisions
With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case ...
ASIC before the PJC – phoenix, DINs, AA Fund and the continuing 3 sins of liquidators
This is a very brief commentary on and extracts from evidence given by Mr James Shipton and others from ASIC ...
The tragic personal consequences of the collapse of Banksia securities
This does no more than set out the opening paragraphs of Justice Clyde Croft’s judgment of 16 February 2018 about ...
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 ...
The wider context of the proposed one-year period of bankruptcy
Many less than 1% of bankrupts warrant an objection to discharge from their bankruptcy, trustees leave it til the last ...
ASIC and one-year bankruptcy, AUSTRAC, a fees claim settled, and more …
The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest. ...
Ensuring employees’ super gets paid
The term ‘pussyfooting’ comes to mind when looking at the government’s proposed new ‘tough’ approach to employees’ unpaid super contributions ...
What’s up, or on, in insolvency, early in 2018?
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in ...
Macks v Viscariello – appeal outcome
The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read ...
Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018
The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a ...
Moving in together – personal and corporate insolvency law and policy
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law ...
Cleaning up after a failed miner – who pays?
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining ...
Murrays Legal Commentary – closing 31 Dec-1 Jan
Murrays Legal has, since June 2016, issued over 350 commentaries on the broad topic of insolvency, personal and corporate, from ...
Revisiting the Chorley exception
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage ...
Pending insolvency law and practice changes
Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send ...
The end of safe harbour?
Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends. While the ...
Challenge to banktruptcy trustees’ remuneration – continued
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the ...
Sydney Lawyers Orchestra – Christmas Concert, Sydney
Next Monday 18 December 2017 at 7pm, the Sydney Lawyers Orchestra is presenting its fourth annual Christmas concert in Sydney. ...
Trading trusts [clearly and succinctly] explained
This is not a review of Peter Agardy’s ‘Trading Trusts Explained’ (LexisNexis) but an alert to its availability, its release ...
The Courts’ Insolvency Rules – their harmonisation and modernisation
The Courts could usefully conduct a review of their corporate and personal insolvency rules, both to address the recent ‘harmonising’ ...
Debt agreement reform remains under parliamentary wraps
Although listed for tabling in parliament this year, the Bankruptcy Amendment (Debt Agreement Reform) Bill 2017 did not quite make ...
Vancouver 2018 – insolvency moots and conference – QUT and UBC
Following the success of the first Ian Fletcher International Insolvency Law Moot, held in Sydney in March 2017, the QUT ...
