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Litigation Funding in Insolvency and in Class Actions
This queries corporate insolvency’s requirement for approval of liquidators’ litigation funding in the context of an article comparing litigation funding ...
Class actions and litigation funding – New Zealand law reform report
While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law ...
Australia’s litigation funding market a ‘global hotspot for international investors … many based in tax havens and with dubious corporate histories’ with returns of ‘more than 500%’
The tone and findings of this 454 page report by the Parliamentary Joint Committee on Corporations and Financial Services – Litigation ...
NZ’s measured review of class actions and litigation funding, noting Australia’s ‘polarised’ debate
The New Zealand Law Commission has commenced a 2 year inquiry into litigation funding and class actions, right at the ...
Insolvency litigation funding – too much hand-holding?
A joint parliamentary inquiry into class actions and litigation funding has set down public hearings throughout July 2020.[1] The inquiry ...
Disclaimer of litigation funding agreement
While a trustee was ready to continue the bankrupt’s litigation claim, he was not willing to use the bankrupt’s litigation ...
Litigation funding – ASIC’s submission to the ALRC
ASIC’s submission[1] to the Australian Law Reform Commission on class actions and litigation funding seemed to be a surprise to ...
Litigation funding of liquidators – the ALRC inquiry
The current law reform inquiry into class actions and their funding may also need to look at the funding of ...
Insolvency practitioner remuneration – continued ….
A report in a daily newspaper[1] has commented on the large fees earner by liquidators and administrators in attending to ...
Rethinking Insolvency Practitioner Remuneration – Insolvency Law Bulletin
Had the decision in Re HRL Limited (in liq) [2022] VSC 693, allowing a “success fee” on insolvency practitioner (IP) ...
Why do we have preference recoveries in insolvency? – updated
The High Court of Australia (Keane and Gleeson JJ) has granted the liquidators special leave to appeal from the Full ...
Liquidators’ examinations – a sea apart; legislative drafting – “a huge amount of material to wade through before they take a single step”
The decision of the High Court of Australia in Walton v Arrium [by majority (3-2)] adopting a broad interpretation of ...
Why do we have preference recoveries in insolvency?
In finding that the ‘peak indebtedness rule’ did not in fact exist, the Full Federal Court[1] in Badenoch v Bryant ...
IP remuneration 2020
INSOL’s remuneration Report – another perspective Insolvency practitioner remuneration is the subject of much comment and analysis, but not ...
Funding of insolvency claims – the PJC inquiry: revised
A submission by Adelaide academics in relation to insolvency litigation funding came before the Parliamentary Joint Committee on 24 July, ...
Impact of the Jackson reforms on insolvency litigation in the UK
An April 2020 report in the UK by Professor Peter Walton on the impact of the ‘Jackson’ legal costs reforms ...
Law reform obituary – CAMAC 1983-2018
The Corporations and Markets Advisory Committee (CAMAC) was a corporate law reform body comprising individuals eminent in that field. It ...
Academy of Law – access to justice, free speech on campus, science v law
The second public debate held by the Australian Academy of Law in its series on Access to Justice was held ...
INSOL’s Directors in the Twilght Zone – Australia’s “medium risk” for its directors
INSOL International has released the 5th edition of its excellent review of the international laws regulating director conduct in the ‘twilight ...
The law and lawyers: their limits – an Academy of Law Ethics Hypothetical
The Australian Academy of Law held the first of its three Sydney conferences for the year on 4 April 2017 ...
