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Coronavirus safe harbour – beware the claytons waterfall in s 588GAAA
30/09/2020
It is interesting to now see the clear limitations the government has placed on the protections offered by the COVID-19
Review of Australia’s insolvency safe harbour – s 588GA
03/02/2020
insolvent trading
NZ
safe harbour
General
Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the
New corporate definitions of director, officer and asset
01/02/2024
ALRC
Corporations Act
director
property
Following the ALRC’s work on Ch 7 of the Corporations Act, attention has already been given to legislative changes tidying
Insolvent trading in context
08/11/2023
insolvent trading
reckless trading
PJC Insolvency Inquiry 2022
Insolvent trading is one of the many items for review recommended by the Parliamentary Joint Committee report on Corporate Insolvency.
Insolvent Trading and Minimal Returns to Creditors in Liquidations
05/10/2023
insolvent trading
deterrence
This is a brief response to a well-researched and thoughtful article by Associate Professor Mark Wellard – Insolvent Trading: Director
NZ Supreme Court confirms Mainzeal directors’ liabilities for over NZ$39 million
25/08/2023
insolvent trading
NZ
The Supreme Court of New Zealand has dismissed directors’ appeals from a finding that they must pay over NZ$6 million
UK’s review of its 2020 insolvency law reforms, with Australia compared
09/07/2023
Insolvency Service UK
monitors - UK
CIGA - UK
The quality of a recent UK review of its 2020 insolvency law reforms is compared with the approach taken in
Insolvency law ministers – personal, corporate, Indigenous, cross-border, employment and more
18/08/2022
Ministers
Relevant federal ministers whose portfolios involve insolvency law are primarily Mr Mark Dreyfuss QC as Attorney-General, Dr Jim Chalmers as
Keay’s Insolvency – Personal and Corporate Law and Practice, 11th ed, 2022
03/08/2022
We are pleased to have published the 11th edition of our textbook, Keay’s Insolvency – Personal and Corporate Law and
Australia’s safe harbour protection from insolvent trading liability, continued
05/04/2022
insolvent trading
safe harbour
The report on Australia’s safe harbour protection for directors (s 588GA) from what is said to be our strict insolvent
Corporate Collective Investment Vehicles
27/09/2021
managed investment schemes
CCIV
The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable
Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much
06/09/2021
insolvent trading
safe harbour
The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released,
Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]
23/08/2021
insolvent trading
safe harbour
The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA,
Insolvent trading convictions set aside on mental health grounds
16/06/2021
Crime
insolvent trading
Following convictions and imprisonment for insolvent trading arising from the 2009 collapse of Kleenmaid, its founder, Andrew Young, has succeeded
An insolvency safe harbour based on culture and tradition?
04/05/2021
insolvent trading
CATSI Act
For years Australia had no ‘safe harbour’ protection for directors from insolvent trading. In 2017, one was introduced, then three
Review of the English Insolvency Rules 2016
13/03/2021
Insolvency Service UK
UK rules review 2021
The 2016 insolvency rules of England and Wales are being reviewed, in accord with a statutory requirement to do so
Australia’s new liquidator registration processes, and its ‘new liquidators’
30/12/2020
MSME
SBRPs
Articles
On 30 December 2020, ASIC issued guidance on the new liquidator registration processes that apply in Australia two days hence
Is Australia’s insolvency safe harbour protection working – who knows?
30/10/2020
insolvent trading
safe harbour
Articles
The 2 year review of Australia’s safe harbour protection for directors, due from the government over a year ago, never
Choosing practitioners to administer Australian MSME insolvencies
15/10/2020
NZ
safe harbour
UK
artificial intelligence
The Australian government is presently finalising its draft SME insolvency law reform proposals. Apart from getting the law right, as
“industry codes with their precepts, guidance and aspirational verbiage cannot dictate the proper construction and application of the relevant statutory provisions”
30/09/2020
ARITA Code
DIRRI
Articles
Soft law in Australia takes a rather strict approach in assessing the independence of insolvency practitioners, more so than, for
Duties of directors of insolvent companies – New Zealand Supreme Court decision
29/09/2020
articles
directors duties
insolvent trading
NZ
The NZ Supreme Court has given a significant decision on the duties of directors in the face of their company’s
Fightback! SMEs get a new restructuring tool
28/09/2020
MSME
NZ
UK
COVID-19
The federal Treasurer has announced a new restructuring regime for struggling small to medium enterprises (SMEs)[1] which adopts a ‘debtor-in-possession’
Extension of the COVID-19 insolvency protections – what’s the real problem?
09/09/2020
bankruptcy
insolvent trading
zombie companies
COVID-19
The Australian government has extended the monetary threshold of A$20,000 for the commencement by creditors of bankruptcy and liquidation proceedings
Mainzeal’s NZ$36m reckless trading appeal pending; bankruptcy of director deferred
15/07/2020
NZ
safe harbour
NZ COVID-19 laws
reckless trading
Liquidators of Mainzeal with a NZ$36m judgment for reckless trading against the company’s directors have failed in an attempt to
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