indemnity

Liquidator sues lawyer over dismal documents

O’Brien Palmer’s Daniel Frisken. Whatever remained of any referral relationship that may have existed between Daniel Frisken and former Madison Marcus (MM) partner Gerard Breen breathed its last on June 9. On that day lawyers acting for the O’Brien Palmer partner filed a statement of claim against Breen seeking damages in relation to the drafting of documentation for the E K Recruitment Pty Limited deed…

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Court endorses trustee’s refusal to annul

Merchants Advisory founder Louisa Sijabat. A bankrupt’s bid to force an annulment has demonstrated the pointless circularity accompanying disputes where a debtor’s debts have been discharged but the trustee refuses to facilitate annulment without a deed of release and indemnity being agreed, which the debtor agrees to provide once their bankruptcy is annulled. “I have recovered sufficient funds to likely annul this bankruptcy and pay…