Speech by Justice Black on Insolvency Law

In a speech given to ARITA’s conference on 9 August 2017, Justice Ashley Black of the NSW Supreme Court has given a descriptive overview of some of the important issues and cases in Australian insolvency law. Justice Black reviews the changes made by Insolvency Law Reform Act 2016 (ILRA) to the Corporations Act resulting in […]

Safe harbour – some inherent behavioural issues to overcome

While the new safe harbour law[1] is the end result of some years of torturous debate, still on-going, it is also only the start of what needs to be an on-going effort of trying to ensure its acceptance and application.  The first task is to understand and explain that mere words in the new section 588GA […]

Liquidators – let employees know about their rights to claim on FEG?

Mr Merante was an employee of a company for 15 years, from 2000 until shortly after it went into voluntary administration and then liquidation, on 22 June 2015. He missed out by 2 days on making a claim under the Fair Entitlements Guarantee scheme for his unpaid entitlements as an employee. Nothing could be done. Read […]

Financial failure, bankruptcy and mental ill health – 2019

There can be a connection between a person’s mental health and their financial distress. In business, one can feed off the other, likewise in relation to personal debts.  In the context of mental health training now being offered to insolvency professionals, through Mental Health First Aid, the following 2017 commentary is updated to 2019 and reissued. […]

“The human importance of bankruptcy”

The significance of bankruptcy and the need for its law to be clear and predictable is emphasized in a recent judgment of the Chief Justice of the Federal Court.  The judgment brings in issues raised by the Chief Justice in his 2015 speech about the significance of bankruptcy in public law. In a 2015 article entitled Values in Public […]

Black Economy Taskforce: Consultation Paper

The Black Economy Taskforce has released a discussion paper outlining a number of additional policy ideas which draw on its recent public and stakeholder consultations. It asks for responses quickly, by 14 August 2017. The 54 ideas outlined in the Taskforce’s paper are said not to be recommendations, but intended for public comment and reaction. […]

Banking & Financial Services Law Association Conference – 31 August-2 September

The Banking and Financial Services Law Association is holding its annual conference in Brisbane on 31 August-1 September 2017, in Brisbane. Its pre-eminent judicial speakers are Lord Justice Richards of the Court of Appeal of England and Wales; Justice Beazley, President of the New South Wales Court of Appeal; and Justice Asher of the New Zealand Court […]