Re Weston Application; Employers Mutual Indemnity (Workers Compensation) Ltd v Omni Corporation Pty Ltd  NSWSC 264 In insolvency law the calculation of precise periods of time is important. Insolvency practitioners need to know exactly when limitation periods end in order to preserve potential claims. The “relation back period” […]
Most business people know that they should shelter their assets by keeping them out of their own name, so that if they go bankrupt, those assets are not available to the trustee in bankruptcy. But it’s also important to make sure that the entities that control those assets […]
Warning to lawyers and creditors serving Bankruptcy Notices: No direct evidence of posting? No effective service.
This is a warning to creditors (and lawyers acting for them) who don’t have direct evidence that their bankruptcy notice was taken to the post office or post box and mailed. You will probably not have effectively served your bankruptcy notice. Where direct evidence is lacking, the Court […]
One of the first posts on this blog dealt with establishing service of documents by email, tweet or facebook message (link). Now, service of a bankruptcy notice by email has been held to be effective. The relevant case is The Council of the New South Wales Bar Association […]
I’ve recently had a number of clients ask me questions about the Official Receiver as a bankruptcy trustee in relation to debtors they are chasing. The Official Receiver is a statutory appointee who acts as trustee in bankruptcy for debtors where there is no private appointment of an […]
The recent decision in Rookharp Pty Ltd v Webb & Anor  FMCA 801 (at paragraphs  to ) is a reminder that a joint judgment debt must be enforced by all of the judgment creditors, not just one of them. The issue commonly comes up in relation […]