Law & Practice
Dangers in liquidators running a ‘skinny case’
” … it might not be seen to be unreasonable [for insolvency practitioners] to avoid expending funds producing affidavits in ...
All over a rooster
A bankrupt who claimed that noise attributed to her unauthorised rooster was in fact made by her peacock, which was ...
ARITA’s response to the Ombudsman’s small business insolvency inquiry
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather ...
A liquidator disciplinary decision – some regulatory insights
A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which ...
Ombudsman’s insolvency inquiry and the nature of small business debt
The Australian Small Business and Family Enterprise Ombudsman has written a newspaper article about the ‘Insolvency Practices Inquiry’ in the ...
Bankrupt’s continued liability for costs
A court has refused parties’ request to retrospectively make an order for costs to avoid the consequences of a time ...
Insolvency R&B law reform ideas
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt ...
Winding up a company for a $1,000 debt
” … the issue of proportionality between the amount of indebtedness and the deployment of an application to wind up ...
An insolvency safe harbour in New Zealand?
As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand ...
Murrays Legal closes on 31 December 2019 and reopens on 1 January 2020
As to which, readers will be aware that “[t]he beginning of a day is nothing but the end of the ...
Disclaimer of litigation funding agreement
While a trustee was ready to continue the bankrupt’s litigation claim, he was not willing to use the bankrupt’s litigation ...
Part 5.3A is not a device to escape payment, much less to protect directors from their misconduct
A deed of company arrangement (DOCA) was set aside despite 7 out of 8 creditors supporting it, and despite it ...
New Zealand insolvency – accrediting the professional bodies
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for ...
Equitable fraud on creditors – bankruptcy composition set aside
Among several grounds for setting aside a composition between a bankrupt and his creditors under the Bankruptcy Act was ‘equitable ...
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise ...
Boensch v Pascoe – High Court’s decision
The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed ...
Halifax – no reason why the NZ High Court should not physically sit in Australia …
The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on ...
Major corporate collapses and the public interest – British Steel and more
The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are ...
Insolvency – some root and branch ideas
Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of ...
Halifax – a cross-border insolvency
A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through ...
Review of the CATSI Act 2006
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is ...
The Future of Australian Law Reform – the five top priorites?
The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on ...
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code ...
Liquidator’s fees were too low
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were ...
