La victoria trova cento padri, a nessuno vuole riconoscere l’insuccesso
Enough said.
Queensland’s environmental protection “chain of responsibility” law – part 1
Queensland’s new chain of responsibility laws seek to broaden the legal scope of those who should be held accountable for environmental obligations of a failed mining operation, extending to financiers and other benefiting economically and financially from the enterprise. It evidences a common frustration among many a regulator that insolvency can lead to the perpetrator […]
“when a company enters troubled waters” – the NZ approach to director conduct
While Australia considers how it should re-shape its insolvent trading laws, this June 2016 New Zealand decision illustrates how our neighbour’s comparative legal approach works, although in a lay down misère case which the two directors did not defend. NZ law Without offering a detailed comparison, NZ law sets out the duties of a […]
A mere 0.2% ‘rise’ in Australian bankruptcies but with bigger changes to come
While the usual hype about rates of personal insolvency in Australia might sell, a reported 0.2% rise in personal bankruptcies is hardly news, even if the first rise since the GFC. What is significant is the continuing rise in the lower level Part IX debt agreement ‘market’, whose low income/asset/debt insolvents in fact pay dividends […]
INSOL Academics Conference – London 13-15 July 2016
The conference dinner, held at the Crypt of St Etheldreda, London on 13 July 2016.
Convergence of insolvency frameworks within the European Union
In 2014 the EU determined upon a new approach to insolvency law, to which its member states were to aim. The broad approach was to encourage entrepreneurial conduct, to attend to struggling businesses earlier, and the employees, and to diminish the stigma associated with business failure. The need for efficient recycling of assets was a […]
Insolvency law reforms – no further delay …
In 2002, an eminent insolvency judge noted a drafting error in Ch 5 of the Corporation Act and recommended in her judgment the need for legislative reform, given the unjust consequences: see Scott v Commissioner of Taxation [2003] VSC 50. The very last item of the Insolvency Law Reform Act 2016 address the Judge’s concerns. […]
The Registrar in Bankruptcy (deceased)
A list of international insolvency events and issues
As your correspondent attends insolvency gatherings in England and Belgium, he thought it useful to gather together some related events and issues across the globe. UNCITRAL Model Law Working Group V met in New York in May 2016 and covered the cross-border insolvency of multinational enterprise groups; the recognition and enforcement of insolvency-derived judgements; and directors’ […]
Australian Academy of Law
The newsletter of the Australian Academy of Law for June 2016 is at this link.
