Section 254 of the ITAA imposes obligations on agents and trustees concerning income, profit or gains of a capital nature.

Application of the section extends to liquidators, receivers and administrators by virtue of the extended definition given to the term "trustee" in section 6(1) of the ITAA.

Section 254 provides that agents and trustees are:

The recent Supreme Court of Victoria decision in Lofthouse v Environmental Consultants International Pty Ltd & Ors [2012] VSC 416 outlines the factors the Court will take into account when considering whether to make a pooling order and considers when a liquidator may be remunerated out of the assets of pooled companies.

Background

NSW GOVERNMENT CONSIDERS HOW TO PROTECT SUB-CONTRACTORS, 25 OCTOBER 2012

A Discussion and Issues Paper Inquiry into construction industry insolvency in NSW (Issues Paper) has been released and is currently available for comment as the NSW Government attempts to progress its agenda to safeguard the interests of sub-contractors in the construction industry.

The Federal Government has proposed a major strengthening of APRA’s crisis management powers and has released a consultation paper containing wide-ranging proposals for financial services reform that are now open to industry comment.

The Federal Magistrates Court recently found that an undischarged bankrupt was unable to seek compensation or a financial penalty against a former employer for unlawful dismissal, but was able to seek reinstatement instead.

Introduction

In the latest episode in one of Australia's most complex and lengthy commercial disputes, the Western Australia Court of Appeal recently dismissed an appeal by a syndicate of banks (the Banks) from a decision in favour of the liquidators of the Bell Group (the Group): Westpac Banking Corporation v The Bell Group Limited (in liquidation) [No 3] [2012] WASCA 157.

Following the review of the Fair Work Act 2009 conducted earlier this year, the federal government has introduced a number of Bills into the Parliament to reform the Act. One of the Bills is the Fair Entitlements Guarantee Bill 2012 which was introduced to provide for financial assistance for workers who have not been fully paid for work done for insolvents or bankrupts.

In discussing the Bill, Minister for Employment and Workplace Relations, Bill Shorten said:

ITSA has released its Insolvency Compliance Strategy 2012-2013 which confirms that, between July 2012 and June 2013, ITSA will concentrate the resources in its compliance program on specified technical areas by:

As noted in our recent insolvency law update, the Western Australian Court of Appeal has recently delivered its judgment (comprising over 1,000 pages) on one of Australia's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3].

The Western Australian Court of Appeal has recently delivered its judgment on one of the country's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3] (the Bell Appeal).  The Bell Appeal decision runs at over 1,000 pages and discusses a range of issues relating to transactions conducted immediately prior to insolvency.  Of particular significance for directors and financiers are the discussions relating to director's duties, knowing receipt and knowing assistance.