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Coronavirus safe harbour – beware the claytons waterfall in s 588GAAA
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
Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the ...
Coercive control and insolvency
ASIC has asked registered liquidators to “stay alert” for signs of family and domestic violence when conducting insolvency administrations.[1] ASIC ...
New corporate definitions of director, officer and asset
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
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
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
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
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
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
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
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
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
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]
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
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?
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
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’
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?
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
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”
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
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
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?
The Australian government has extended the monetary threshold of A$20,000 for the commencement by creditors of bankruptcy and liquidation proceedings ...
