Reinventing the Australian Insolvency System

At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system in Australia, which we have been developing for some time, including in our text book, Keay’s Insolvency++.  We are saying that the state needs to take on a greater role in the structure and operation of the system, one aspect of which is for the state itself to create an Official Receiver role in corporate insolvency.

The on-line seminar was chaired by Dr Kevin Lindgren QC and hosted by the Australian Academy of Law and the Ross Parsons Centre of the University of Sydney. It was attended by members of the judiciary, academia and the professions, including from overseas, and it generated a large number of on-line “chat” and email comments and questions.

We answered some during the session, but time did not allow us to respond to all of them.  We have therefore set out all the questions, some combined or paraphrased, and given our answers to them in the enclosed paper – Murray Harris QA (final).  Given the Chatham House rule applied to the session, the names of those asking are not shown.  A short paper was presented, along with some statistics and graphics, and these are also attached AAL concise paper Murray Harris A new insolvency system (AAL)  Murray Harris AAL

While that session was by private invitation, we are now consulting and communicating more widely, including with government.  If anyone is interesting in knowing more, or offering ideas, please let either of us know.

Michael Murray michael@murrayslegal.com.au

Jason Harris     jason.harris@syd.edu.auand see his site: Rethinking Insolvency Law | Australian Insolvency Law

++ a new 11th edition of Keay’s Insolvency is in train ….., for release early in 2022.

 

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