Too much independence? a re-issue of my 2016 commentary

My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in light of the thesis of Dr Elizabeth Streten and her findings about ARITA Code and what she suggests is a disconnect between the law and the code.  Given the findings of Dr Streten about Australian […]

Review of Australia’s insolvency safe harbour – s 588GA

Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the right balance between creditor compensation and director discretion. Should the review first revisit whether the insolvent trading section – 588G – should be repealed or changed? The focus of the review is to be on […]

Democracy, Human Rights and the Judiciary: the common law and the wider world

The Australian Academy of Law is hosting a presentation by Sir Nicholas Blake on this Wednesday 4 September 2019, in Melbourne. Sir Nicholas is a former High Court Judge of England and Wales and the first President of the then newly created Immigration and Asylum Chamber of the United Kingdom Upper Tribunal from 2010 until […]

Cafés and restaurants – at a tipping point, in 2018, and now?

In light of current (July 2019) reports about restaurants’ tax [non] compliance, my article of a year ago, 15 July 2018, is re-issued.   The Fair Work Ombudsman’s food precincts report[1] – finding that enterprises in three selected foodie streets in Sydney and Melbourne were non-compliant in paying wages to employees, and more, to a […]

ASIC’s review of liquidators for 2017-2018 – continued fall in complaints

This ASIC Report 610 has been released, with some interesting points to note, and questions raised. It largely expands on the reporting component in the ASIC annual report under section 136(1)(ca) of the ASIC Act. Overall, there has been a decline over the last 8 years in inquiries and reports of about alleged liquidator misconduct. ASIC […]

Bills subject to scrutiny

That a bill is introduced into parliament after an extensive period of community consultation does not necessarily mean that it will proceed into law without further scrutiny, and even further public input. This scrutiny is decided by the selection of bills committee of the Senate. That committee has decided that the provisions of various bills […]

Litigants in person – issues for judges

Judges have to be careful about making public statements on current issues that may allow claims of bias. There can also be matters in which judges were involved as lawyers before they were appointed that can later lead to bias claims. A Mrs Thomson, a litigant in person (LIP) challenged, unsuccessfully, the independence of the […]

The Hayne Report – lessons for lawyers – Australian Academy of Law event

The relevance of the ‘Hayne Report’ for the legal profession is the subject of the first of the Australian Academy of Law’s events in Sydney for 2019. On Monday 25 March 2019, an impressive panel comprising those from law, ethics and academia will look for the legal lessons to be learned from the Report – […]

Director identity number bill now before parliament

A number of bills broadly concerning the registers of information held by the Commonwealth have been referred to the Senate Standing Committee on Economics for review.[1] The Committee is due to report by 26 March 2019. One – the Commonwealth Registers Bill 2019 – would introduce a director identity number – DIN. This idea, simple […]