As the authors of Keay’s, and in order to assist readers, we propose to make brief reference to law changes or case law decisions that change, or confirm, what appears in the text as at July 2018. Details follow.
A limitation of a law text book is that the law can change at any time soon after the book is published.
The publication of the 10th edition of Keay’s Insolvency in July 2018 was itself delayed in order to include the latest in law reform and case law, including the safe harbour regime and the restriction on ipso facto termination rights. But there were limits – we could not wait for the then proposed debt agreement changes, which were not passed by parliament until September 2018; but given the fact that they were in a bill before parliament, we anticipated and explained them (in chapter 9) and they have since become law.
We think it would be useful to readers, and ourselves, if we maintain a list of law changes and case law decisions that change, or confirm, what appears in the text as at July 2018.
We offer no assurance that this will be complete and timely, but we will endeavour to meet those qualities. If readers themselves are aware of changes, we would be pleased to hear; as well as any comments on the text.
Updates will be recorded in the format of the table below.
Any comments or suggestions as to this approach are welcome.
|Keay’s Insolvency 10th ed 2018, Michael Murray and Jason Harris|
|Keay – chapter or paragraph||Update||Comment|
|Chapter 9||Bankruptcy Amendment (Debt Agreement Reform) Act 2018||Chapter 9 foreshadows this new law, which commences on 27 June 2019|
|[8.235]||Moss v Gunns Finance Pty Ltd (R&M Apptd) (In liq)  FCAFC 185||Upholds trial decision – Gunns Finance Pty Ltd (R & M Apptd) (in Liq) v Moss  FCCA 1773|