The Western Australia Court of Appeal has provided clarity concerning questions of insolvency practitioner independence following pre-administration services and whether those pre-administration services can disentitle insolvency practitioners to remuneration.
ASIC appealed the first instance decision of Justice Martin in the Western Australian Supreme Court, Australian Securities and Investments Commission v Jones [2023] WASCA 130. This decision had rejected ASICs claim. It found that the respondents were not in a position of actual or potential conflict of interest, nor of bias and, in any event, even if such allegations were established, they would have amounted to an insufficient basis to deny the respondents their reasonable remune…
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