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Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Mediation
Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

 

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie
Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie
COVID-19 - Director's Duties: Suspension of the obligation to file for insolvency

In light of the COVID-19 crisis, a Grand Ducal Regulation was published on 25 March 2020 (the Regulation)[1] that suspends certain procedural deadlines applicable in civil and commercial matters during the Luxembourg state of crisis. The Ministry of Justice has clarified that this suspension also relates to insolvency matters.

Luxembourg, Insolvency & Restructuring, Ogier, Directors' duties, Coronavirus
Not Easy Being Green: Insolvency Practitioners on Further Notice of Personal Liability for Environmental Obligations

Liquidators, administrators and receivers in Queensland are on notice that they may face serious personal consequences if they fail to cause companies to which they are appointed to comply with Environmental Protection Orders (EPOs).

Re Linc Energy Limited (In Liquidation) [2017] QSC 53 (13 April 2017) has determined that liquidators may not be able to escape obligations under an EPO by issuing a disclaimer notice.

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidator (law), Corporations Act 2001 (Australia), Queensland Supreme Court