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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.

 

INSOL Academics 2017

The INSOL Academics Colloquium was held over the weekend of 18-19 March 2017 in Sydney.

The session covered a wide range of topics relevant to Australian practitioners and academics and policy makers.

These included the potential impacts of Brexit on UK insolvency; the impact of the EU changes on Australian creditors; comparative creditor protections in restructuring and deregistration regimes in the UK, the US and the Netherlands; rising personal over-indebtedness in China, and its implications; ipso facto clauses and executory contracts; the US concept of “deepening insolvency”; tax priorities, from a Dworkian perspective; the gap between expectation and insolvency practitioner performance; the factor of ‘survivability’ of rescued businesses; rule based workouts in Japan and China; Singapore’s new debt restructuring laws; and technology and the harmonisation of corporate and personal insolvency.

Sessions with a focus on insolvency practitioners included:

  • the regulation of Australian insolvency practitioners overseas;
  • independence;
  • NZ and trans-Tasman practitioner regulation;
  • the concept of ‘fit and proper’;
  • the UK and Australian regimes, examining the comparative roles and responsibilities of ARITA and the professional bodies; and
  • the rise in the UK of officialism, and its potential for adverse impact on the profession. 

A report was also given on a global survey of insolvency practitioner regulation, with QUT Law covering Australia and the Asia/Pacific/Fiji rim.

Overseas academics from the UK, the US, India, South Africa, the Netherlands, Singapore, Malaysia, Austria, New Zealand, Germany, Israel, and China attended. 

A number are attending QUT’s Conference this Friday, 24 March in Brisbane – Global Perspectives in Insolvency Law.

A full report on the Colloquium will appear in INSOL World.

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