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Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.
25/02/2018
Banks and banking law
Canada
Case law
chain of responsibility
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at
Restricting insolvency disclaimer rights in mining company failures?
22/02/2018
Case law
Conferences and events
environmental
General
The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was
Avoid misleading cases – cite the latest court decisions
22/02/2018
Case law
Courts
General
Lawyers
With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case
ASIC before the PJC – phoenix, DINs, AA Fund and the continuing 3 sins of liquidators
21/02/2018
Financial law reform
General
Insolvency profession
Regulators
This is a very brief commentary on and extracts from evidence given by Mr James Shipton and others from ASIC
The tragic personal consequences of the collapse of Banksia securities
17/02/2018
Case law
gatekeeper
General
Law reform
This does no more than set out the opening paragraphs of Justice Clyde Croft’s judgment of 16 February 2018 about
Cleaning up after a failed miner – who pays: Part 2
11/02/2018
Canada
Case law
chain of responsibility
Conferences and events
This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event
The wider context of the proposed one-year period of bankruptcy
06/02/2018
AFSA
bankruptcy
Economics
European Commission
Many less than 1% of bankrupts warrant an objection to discharge from their bankruptcy, trustees leave it til the last
ASIC and one-year bankruptcy, AUSTRAC, a fees claim settled, and more …
03/02/2018
ASIC
AUSTRAC
Case law
Conferences and events
The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest.
Ensuring employees’ super gets paid
28/01/2018
General
Law reform
single touch payroll
superannuation
The term ‘pussyfooting’ comes to mind when looking at the government’s proposed new ‘tough’ approach to employees’ unpaid super contributions
What’s up, or on, in insolvency, early in 2018?
18/01/2018
Law reform
MSME
New Zealand
APESB
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in
Macks v Viscariello – appeal outcome
17/01/2018
ASIC
Case law
General
Insolvency profession
The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read
Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018
04/01/2018
debt agreements
General
Law reform
General
The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a
Moving in together – personal and corporate insolvency law and policy
29/12/2017
Attorney-General
bankruptcy
General
Harmer Report
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law
Cleaning up after a failed miner – who pays?
28/12/2017
Canada
Case law
chain of responsibility
environmental
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining
Murrays Legal Commentary – closing 31 Dec-1 Jan
20/12/2017
General
Murrays Legal Commentary
Uncategorized
General
Murrays Legal has, since June 2016, issued over 350 commentaries on the broad topic of insolvency, personal and corporate, from
Revisiting the Chorley exception
19/12/2017
Case law
Chorley exception
costs
General
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage
Pending insolvency law and practice changes
18/12/2017
AFSA
APESB
ARITA
ASIC
Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send
The end of safe harbour?
15/12/2017
General
Law reform
safe harbour
General
Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends. While the
Challenge to banktruptcy trustees’ remuneration – continued
15/12/2017
AFSA
Case law
General
proportionality
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the
Sydney Lawyers Orchestra – Christmas Concert, Sydney
13/12/2017
General
General
Next Monday 18 December 2017 at 7pm, the Sydney Lawyers Orchestra is presenting its fourth annual Christmas concert in Sydney.
Trading trusts [clearly and succinctly] explained
13/12/2017
General
General
This is not a review of Peter Agardy’s ‘Trading Trusts Explained’ (LexisNexis) but an alert to its availability, its release
The Courts’ Insolvency Rules – their harmonisation and modernisation
11/12/2017
court rules
Courts
General
General
The Courts could usefully conduct a review of their corporate and personal insolvency rules, both to address the recent ‘harmonising’
Debt agreement reform remains under parliamentary wraps
08/12/2017
debt agreements
General
Law reform
one year bankruptcy
Although listed for tabling in parliament this year, the Bankruptcy Amendment (Debt Agreement Reform) Bill 2017 did not quite make
Vancouver 2018 – insolvency moots and conference – QUT and UBC
08/12/2017
Canada
Conferences and events
General
international
Following the success of the first Ian Fletcher International Insolvency Law Moot, held in Sydney in March 2017, the QUT
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