Joe & Joe – IPs’ legal costs under scrutiny

Yesterday the Supreme Court published its long-awaited decision in the Joe & Joe Developments litigation.

The litigation has been the subject of much gossip in the industry as it concerned allegations of rampant overcharging by insolvency practitioners and their lawyers. Commentators and industry observers have been poised, salivating, waiting for the scandal to break.

In the event, as is often the case with gossip, the facts were found not to justify the hype. Continue reading


Pay cut on the horizon for liquidators

On Friday, the NSW Supreme Court handed down two further decisions in its drive to hammer home to liquidators the importance of proportionality when claiming remuneration.

In both cases, his Honour Brereton J built on his earlier decision in AAA Financial Intelligence Ltd (in liquidation) (No 2) [2014] NSWSC 1270 (see update here), emphasising that hourly-rate-based charging – even if every attendance is meticulously recorded and all of the time spent can be justified – may be a wholly inappropriate basis for claiming remuneration.

Continue reading

Shooting of liquidators: un-Australian

Being a liquidator can be a risky business. Liquidators (and their legal advisers) have a long tradition of putting their bodies on the line for the sake of their work, selflessly risking personal harm through exposure to such dangers as high cholesterol, liver failure and other prandiogenous ailments.

Injury by gunshot is, thankfully, less commonly encountered. For this we must thank Justice Young. Twenty years ago, sitting as a judge of the New South Wales Supreme Court, he delivered a judgment in which the issue of shooting liquidators was condemned in the harshest possible terms.

Continue reading