The Bankrupt’s Dilemma: Full Disclosure vs Legal Privilege

Bankruptcy can feel like the ultimate loss of privacy. Under section 77 of the Bankruptcy Act 1966 (Cth), a bankrupt has extensive obligations to disclose information, provide documents and assist their trustee in administering the bankrupt estate. These obligations are deliberately broad. A bankrupt cannot simply wait for the trustee to ask the right questions [...]

2026-10-29T22:25:23+00:00October 29th, 2026|Compliance, Litigation|Comments Off on The Bankrupt’s Dilemma: Full Disclosure vs Legal Privilege
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Using Bankruptcy Proceedings as a Debt Enforcement Tool

In recent months, we have discussed statutory demands from the perspective of a defendant. This month’s article considers the issue of debt enforcement and collection from a different angle: what should creditors be aware of when seeking to enforce a debt against an individual using bankruptcy proceedings? Initiating bankruptcy proceedings to recover a debt can [...]

2026-04-27T00:31:25+00:00April 27th, 2026|Litigation|Comments Off on Using Bankruptcy Proceedings as a Debt Enforcement Tool
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