Will environmental law trump insolvency law: Canada to decide

Breaking news: Canadian Supreme Court to deliver judgement on whether State environmental laws trump Federal insolvency law at 1.45 am, 1 Feb (AEST).

Link to the matter: https://scc-csc.lexum.com/scc-csc/news/en/item/6479/index.do

Why is this relevant to Australian insolvency law?

Last year, our own QLD Government attempted to circumvent the Liquidator’s disclaimer of certain mining leases and liabilities, saying that it was for the Liquidators and the liquidated company to make good the mining land.

The High Court of Australia rejected the QLD Government’s appeal application, saying (in effect) that the cases facts didn’t warrant an argument between environmental law and insolvency law.

With the right set of facts, this could still be an issue here in Australia.

So it is important to see how other Countries deal with this complex social and moral issue.

I will post the outcome next Friday … but let me know what you think in the comments below.

PS … it’s good to be back posting. You will see at least 4 posts a week, starting next week on all things insolvency law.

SVVoidables

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