Linc Energy - High Court refuses special leave to Qld State Government

The High Court has refused to grant the Queensland State Government (Qld Government) special leave to appeal the Queensland Court of Appeal’s March 2018 decision in favour of the liquidators of Linc Energy, concerning the liquidators’ obligations to cause Linc Energy to comply with an Environmental Protection Order (EPO).

Filed under:
Australia, Queensland, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Environmental protection, Due diligence, Corporations Act 2001 (Australia), Queensland Supreme Court
Authors:
David Proudman , Dougal Ross
Location:
Australia
Firm:
Johnson Winter Slattery
Linc Energy Limited (In Liquidation): Liquidators obliged to give State environmental laws priority despite disclaimer

The Supreme Court of Queensland has delivered a significant judgement concerning the obligations of liquidators to cause an insolvent company to incur the costs of complying with State environmental laws, in priority to other unsecured creditors.

On instructions from the liquidators of Linc (Stephen Longley, Grant Sparks and Martin Ford of PPB Advisory) JWS made an application for directions in respect of both the liquidators’ and Linc’s environmental obligations in Queensland.

Filed under:
Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Environmental Protection Act 1990 (UK), Queensland Supreme Court
Authors:
David Proudman , Dougal Ross
Location:
Australia
Firm:
Johnson Winter Slattery
Reforms for Restructures

The Federal Government has released the Exposure Draft for the much anticipated introduction of:

Filed under:
Australia, Insolvency & Restructuring, Johnson Winter Slattery
Authors:
David Proudman
Location:
Australia
Firm:
Johnson Winter Slattery