Contempt of newspapers

Mr Dyson Heydon has had his useful views about political criticism of judges’ decisions published in what is known as the Murdoch press, the Australian newspaper, 21 March 2018. Given that politicians and the media speak a similar language, it may be that Heydon chose the Australian because he wanted to emphasise that even if […]

The reform of the intersection of trust and insolvency law – Killarnee

Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in Killarnee, [2018] FCAFC 40, there should be some attention given to the law reform comments of Justice Kathleen Farrell. Justice Farrell refers to one of the questions in the appeal as being the “subject of […]

A one year bankruptcy or a 5 year debt agreement – Senate recommendations

The reports of the Senate Legal and Constitutional Affairs Committee on the one-year bankruptcy (BAEI Bill) and the debt agreement bill (BADAR Bill)[1] have accepted the reduction in the period of bankruptcy to one year, subject to a curious recommendation based on the views of ASIC.  That recommendation is to amend the Corporations Act “to […]

UK consultation on insolvency recovery and governance reforms

The UK government is consulting on law reform with a view to, in its words, “to improve the UK’s corporate governance framework to ensure the UK remains one of the best places to start and grow a business”, and perhaps to end one. Its insolvency regime  “is another important part of the UK’s business environment and […]

The breadth of the concept of justice – Australian Academy of Law

Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, based on the theme of ethics in law and business. They proved to be very popular, each one drawing large audiences, with many audience questions directed to the eminent panels leading the debates. The Academy […]