Insolvency practitioners’ independence obligations clarified by Supreme Court of Western Australia – Court of Appeal

Steven Palmer, Jenna Scott and Natasha Toholka of Norton Rose Fulbright summarise a recent Court of Appeal decision that provides welcome clarity on the issue of insolvency practitioner independence in the context of pre-administration services and warn that now that there has been some judicial guidance, a Court may be less inclined in the future to find that a conflict is inadvertent, and practitioners in this position should recognise the issue and seriously consider seeking judicial directions.

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