Insolvency Law Update - Monday will be big - not just the banking Royal Commission report, but day 1 of the High Court Amerind appeal

Commercial Law
Carrie Rome-Sievers Headshot
By

This Monday 5 February 2019 is shaping up to be a pretty big day. As has been well covered in the press, the final report by of the Banking Royal Commission has now been handed to the Governor-General and will be publicly released on Monday afternoon at 4.10pm, coinciding with the sharemarket close. Reportedly Commissioner Kenneth Hayne’s final report stretches to more than 1000 pages.

The other big event on Monday is the first day of hearing of the High Court appeal in Amerind which has been set down for 2 days. To refresh your memories, for my review and analysis of the Victorian Court of Appeal decision in Amerind see here, and for my article considering the Full Federal Court decision in Killarnee and the landscape for liquidating corporate trustees of trading trusts in light of both Amerind and Killarnee see here.

For those who want more, the submissions that have been filed for each of the appellant (creditor Carter Hold Harvey Woodproducts Australia Pty Ltd), the first respondent (the Commonwealth of Australia, which advanced $3.8m for former employees of the company under FEGS) and the second respondent (the Receivers of Amerind Pty Ltd (Receivers & Managers appointed)(in liquidation) may be read on the High Court website.

*To view Carrie Rome-Sievers' blog, Developments in Insolvency and Commercial Law, or to sign up to receive an email notification each time a new post is published, please click here

Carrie Rome-Sievers Headshot
By

Carrie is a commercial law barrister practising primarily in the areas of insolvency and corporations law, equity and trusts, bankruptcy, restitution, and banking and finance.

Share on