GST refunds for cancelled air tickets remain available when passenger reimbursements defeat unjust enrichment and credit-note adjustment is unavailabl...
Authorised Representatives must obtain prior creditor-class...
Disciplinary proportionality requires penalties for Authorised Representative misconduct to match proven harm, leading to reconsideration of registration cancellation.
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Authorised Representatives must obtain prior creditor-class instructions before concurring to resolution-plan timeline extensions under Section 25A(3); procedural character or time sensitivity does not excuse unilateral concurrence. They must also contemporaneously record consultations, including the date, participation or representative character, and views expressed. Emails may evidence consultations, but incomplete records of participation remain a contravention. Cancellation of an insolvency professional's registration requires a penalty proportionate to the misconduct. Where consultation records were incomplete and extensions were uninstructed, but fraud, personal gain, concealment, stakeholder prejudice, or impact on the resolution outcome were absent, cancellation was wholly disproportionate. The penalty issue was remitted for fresh determination with interim protection from the disciplinary order.
Authorised Representatives must obtain prior creditor-class instructions before concurring to resolution-plan timeline extensions under Section 25A(3); procedural character or time sensitivity does not excuse unilateral concurrence. They must also contemporaneously record consultations, including the date, participation or representative character, and views expressed. Emails may evidence consultations, but incomplete records of participation remain a contravention. Cancellation of an insolvency professional's registration requires a penalty proportionate to the misconduct. Where consultation records were incomplete and extensions were uninstructed, but fraud, personal gain, concealment, stakeholder prejudice, or impact on the resolution outcome were absent, cancellation was wholly disproportionate. The penalty issue was remitted for fresh determination with interim protection from the disciplinary order.
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