Australia: Insolvency/Bankruptcy

This week's TGIF considers Rosenberg v Can’t Escape Karma Pty Ltd [No 2] [2026] WASCA 50. In this case, the Western Australian Court of Appeal (the Court) unanimously refused an appeal of a decision to dismiss an application to discharge examination summonses on the basis that they constituted an abuse of process and were obtained in contravention of the duty to make ‘full and frank disclosure’.

A petitioning creditor is a person or entity to whom a debtor owes money and who takes legal action by filing a creditor’s petition with the court to have the debtor declared bankrupt.

A Debt Agreement is an alternative to bankruptcy, offering individuals with lower levels of debt, income, and assets a structured compromise with creditors.