Broader Implications for ASIC Failure in Illegal Phoenixing Case against Liquidator

Dan Mackay of Mackay Chapman looks at ASIC's recent failure in its federal court case against liquidator Jason Bettles and explains how the judgment illustrates the very real challenges both procedurally and from an evidentiary basis that ASIC faces in pursuing phoenixing and in particular the alleged involvement of insolvency practitioners in it.