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Category Archives: Insolvency law

Some scenarios involving proprietary remedies

I’m always interested in what people who are not totally devoted to a particular area of law think about certain cases. At the moment I’m working on the issue of proprietary remedies over bribes taken in breach of fiduciary duty. I’m going to put two scenarios to you (derived from the cases) and ask you […]

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]

When is a trust not a trust?

Via the Restitution Discussion Group (yes, there really is such a thing), I hear that the Australian High Court has indulged in yet another snark at unjust enrichment. Is it just me, or are these self-righteous little rants getting boring? The case is Bofinger v Kingsway Group Limited [2009] HCA 44. The issue raised is […]

Defending the indefensible

One of the things which often concerns people about lawyers as a species is that we will defend a person even when we do not personally agree with what that person has done. As I’ve explained in my post entitled “The Mad, the Bad and the Sad“, I went through a stage where I frequently […]

Restitution lawyers of Australia, be on notice

There may be a whole string of cases coming your way?! In news today, it was reported that the Commonwealth Bank online banking has been thrown into chaos: Turmoil has hit the Commonwealth Bank’s online banking system after it duplicated customer transactions. The double-up, caused by an overnight processing error, has affected NetBank customers, the […]

International insolvency regime

The bankruptcy of Lehman Brothers investment bank will (naturally) have ramifications for those Australian investors who had dealings with the Australian arm of the bank. Wingecaribee Shire Council had already commenced proceedings in the Federal Court as a result of the loss in value of products purchased from Lehman’s in the wake of the sub-prime […]

Opes investors fail at first hurdle

I know that some people have lost a lot of money through the collapse of Opes Prime, so it seems a bit ghoulish to be fascinated by it – but there you have it, I can’t help myself – I’m fascinated. There are so many interesting equitable and property law questions raised by it (tracing, […]

O.J.’s ill gotten-gains

I’ve posted before about O.J. Simpson’s book, If I Did It, and the resulting furore. In fact, in my previous post, I even mentioned Attorney-General v Blake, the case where a double agent was forced to disgorge the profits he made by publishing a book about his exploits. So I was fascinated to read that […]

Buying shares in a "lemon"

A recent High Court decision Sons of Gwalia Ltd v Margaretic [2007] HCA 1 has established by a majority that shareholders rank equally with other unsecured creditors in a voluntary administration. At first blush, the decision has an immediate appeal. On 18 April 2004, Magaretic purchased 20,000 shares in Sons of Gwalia Ltd, a publicly […]