Blog | Murrays Legal Commentary

SME insolvency reforms – a one year bankruptcy and more

The Australian government’s 2015 proposal to reduce the 3 year period for the imposition of the restrictions of bankruptcy to 1 year remains on foot;

‘There is no such thing, per se, as “illegal phoenix activity”….’ – ASIC’s claim struck out

A liquidator has successfully applied to have claims by ASIC that he was involved in unlawful phoenix activity in external administrations matters in 2016 struck

ATO’s right to garnishee – a “privileged position … likely to result in failed corporate rescue attempts”?

A recent article Getting the priorities right: ATO garnishee notices in times of corporate distress by Sylvia Villios and David Brown[1] has highlighted what is

Spent convictions of insolvency practitioners

According to a report from Stuff in New Zealand, a long-established liquidator has been denied permission to continue to practise based upon his convictions for

Transparency in the selection process of liquidators and trustees

The Insolvency Law Reform Act 2016 introduced some, let’s say, novel provisions in relation to the registration and discipline of Australian insolvency practitioners which I

‘In the ordinary course of business’ in insolvency – why are we following wrong thinking New Zealanders?

The term ‘ordinary course of business’ in law is meant to describe a transaction that was within the normal operations of a particular business, it

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 significant a task is deciding

Who wants to be an SME insolvency practitioner? Australia’s proposed reforms

Australia proposes to follow England’s lead in giving insolvency practitioners the initial role in new debtor in possession insolvency reforms, but in rather different ways.[1]

Australia’s proposed MSME insolvency reforms – an international perspective

Australia’s draft legislation to implement its announced MSME corporate insolvency reforms may have drawn more on international than local thinking, in particular in relation to

Insolvent assetless MSMEs – all but forgotten?

Does it matter that a company is insolvent such that something should be done by way of putting it into a formal insolvency arrangement under

Insolvency and related law and policy, and more