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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…

Linc Energy part 2

Breaking news #LincEnergy: QLD Court of Appeal has just ruled the State’s environmental rules do not trump a Liquidators power of disclaimer under the Corporations Act (“disclaimer rights”). The Court ruled: – although QLD’s environmental laws (eg Environmental Protection Orders (“EPO”)) are ‘potentially’ inconsistent** with disclaimer rights, the Court found the EPO provisions do not fall…