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Michael Murray’s on-going commentary on issues in corporate and personal insolvency law and related policy and law reform, in Australia and internationally. Given the scope of insolvency, this extends to business, consumer and professional conduct, and ethics, governance and regulation, criminal, tax, environmental and administrative law, and the courts and government.

 

A list of international insolvency events and issues

As your correspondent attends insolvency gatherings in England and Belgium, he thought it useful to gather together some related events and issues across the globe.

  • UNCITRAL Model Law Working Group V met in New York in May 2016 and covered the cross-border insolvency of multinational enterprise groups; the recognition and enforcement of insolvency-derived judgements; and directors’ obligations in the period approaching insolvency.  This is supported in Australia by the UNCITRAL National Co-ordination Committee for Australia (UNCCA), headed by Tim Castle.
  • The Comité Maritime International conference, also in New York in May 2016, discussed a proposal from Professor Martin Davies of Tulane, USA, for resolution of the conflicts between maritime law and cross border insolvency. Professor Davies spoke in Sydney on 6 July 2016. Further details soon.
  • INSOL International is conducting an international survey on the processes of assessment of insolvency practitioner remuneration across a range of jurisdictions.
  • Nottingham Trent University is also conducting an international survey on practitioner regulation, in which QUT is assisting for the Australia Pacific region.
  • The European Commission held its one day conference – Convergence of insolvency frameworks within the European Union – the way forward – in Brussels, on 12 July 2016.  This discussed the EU’s announced adoption, in March 2014, of a recommendation on a new approach to business failure and insolvency for the EU, aiming to ‘enable efficient restructuring of viable enterprises in financial difficulty and give honest entrepreneurs a second chance to run a successful business’.  This will be assisted by a report written by the University of Leeds for the European Commission on substantive insolvency laws in the EU and their divergence.
  • INSOL Academics is holding its colloquium in London on 13-15 July 2016, chaired by Professor Rosalind Mason of QUT.
  • QUT is holding a personal insolvency conference in Brisbane on 7-9 September 2016, with a range of international speakers including Professor Jay Westbrook and Iain Ramsay.
  • A FAIR conference (Forum for Asian Insolvency Reform) is being held in Hanoi, Vietnam, on 21-22 November 2016, sponsored by INSOL International, the Supreme People’s Court of Vietnam, and the World Bank Group.
  • The UK has called for comments on major insolvency reforms, including a three month moratorium on creditor claims. Submissions to its consultation paper, A review of the Corporate Insolvency Framework, of 25 May 2016, closed on 6 July 2016.
  • The 10th annual conference of the Insolvency Academics Network (IAN) is being held at Sydney University on 5 December 2016.

Should any reader need to know any more about these, please contact Michael Murray.

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