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COMMENTS

  • admin on Trust law reform – continued
  • Peter Sheppard on Liquidators’ knowledge of bankruptcy law?
  • Peter Sheppard on Trust law reform – continued
  • Eddie on Liquidators’ knowledge of bankruptcy law?
Blog Parliamentary Inquiries and Reports

Inquiry into debt services for those in financial hardship – 22 January hearing

admin on 20/01/2019
0

The Senate Standing Committee on Economics inquiring into credit and financial services targeted at people at risk of financial hardship has its next hearing in Brisbane on Tuesday 22 January 2019. There is a wide mix of views from those attending: Dr Paul Harrison, Senior …

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Blog Case law ILRA 2016 Law reform

A new priority of the Commonwealth in an insolvency?

admin on 18/01/2019
0

The move generally in insolvency law, and under Australia’s Insolvency Law Reform Act 2016 (ILRA), has been to give creditors greater ‘say’ in an insolvency, including by having a statutory right to request information, subject to restrictions in respect of irrelevant, vexatious or other such …

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Blog Case law Court appeals General International Law reform

The costs of lawyer litigants – ‘Chorley’ off to the High Court

admin on 15/01/2019
0

Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as one of principle. Lawyers will know of the disputed ferry fare of one penny, in Balmain New Ferry Co v Robertson,[1] involving as it did …

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Blog General ILRA 2016 International Regulation

Opportunistic and manipulative insolvency practitioners?

admin on 14/01/2019
0

Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is too narrowly focused to provide a fair analysis of the issues involved. A thoughtful article has just been published in the UK, by Dr John …

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ARITA Blog General ILRA 2016 International Regulation

Professional body regulation of Australian insolvency practitioners

admin on 04/01/2019
0

Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to a limited extent CAANZ, given it and ARITA represent two of the 14 ‘industry bodies’, among others, that the legislature has designated to regulate IPs …

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ARITA Blog General International

Insolvency Practitioners Regulation Act (NZ) 2019?

admin on 21/12/2018
0

A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments, taking into account comments in Supplementary Order Paper No 45. See this link of 20 December 2018. A new Insolvency Practitioners Regulation Act The Bill …

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ARITA Blog General ILRA 2016 Regulation

Bankruptcy trustees’ performance 2017-2018

admin on 19/12/2018
0

AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to its regulation of trustees in bankruptcy under the Bankruptcy Act, including the Official Trustee.  The report may be read here. Some queries The AFSA Report …

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ARITA Blog General

More soft law – ARITA’s insolvency practice statements

admin on 18/12/2018
0

ARITA has released a number of draft Practice Statements for comment.  These Practice Statements are designed to give ‘technical’ guidance on best practice approaches to particular task areas. Much of their content is extracted from the existing 2014 Code, and not included in the new …

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Blog Case law General

273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …

admin on 13/12/2018
0

A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge 46 false registrations on the Personal Property Securities Register against 24 parties.  They all applied to the Court to have the false registrations removed by …

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Blog Case law General

Model Law on Cross-Border Insolvency – its procedural limitations

admin on 13/12/2018
0

The Model Law on Cross-Border Insolvency is not quite as expansive in its assistance to foreign liquidators and trustees as it may appear.  It did not assist Mr King, the US bankruptcy trustee of Zetta Jet, incorporated in Singapore, in trying to recover a luxury …

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Recent posts

  • Litigants in person – issues for judges 20/02/2019
  • The Hayne Report – lessons for lawyers – Australian Academy of Law event 15/02/2019
  • Director identity number bill now before parliament 15/02/2019
  • Building security of payment laws – the impact of the claimant’s insolvency 15/02/2019
  • Litigation ‘for the benefit of creditors’ – really? 14/02/2019

MOST POPULAR

  • Litigation 'for the benefit of creditors' - really? Litigation ‘for the...
  • Director identity number bill now before parliament Director identity number...
  • What bankruptcy law changed in Australia in 2018, and what didn't What bankruptcy law chang...
  • Assessment of liquidators' remuneration, with help from a band of experts Assessment of liquidators...

RECENT COMMENTS

  • admin on Trust law reform – continued
  • Peter Sheppard on Liquidators’ knowledge of bankruptcy law?
  • Peter Sheppard on Trust law reform – continued
  • Eddie on Liquidators’ knowledge of bankruptcy law?
  • Rod Lindquist on Australian Insolvency Management Practice

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About

This is a free access website containing various on-going commentary about a range of issues in law, legal policy and reform, with some particular emphasis on corporate and personal insolvency, professional regulation, technology, ethics, law reform and the courts and the legislature.

Categories

TRENDING

  • What bankruptcy law changed in Australia in 2018, and what didn't What bankruptcy law chang... posted on December 10, 2018
  • Litigation 'for the benefit of creditors' - really? Litigation ‘for the... posted on February 14, 2019
  • Ordinary course of post – seven business days not four Ordinary course of post –... posted on June 29, 2017

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