Feminist input to the theories of insolvency?

For those who would like to see how it is said that ‘feminist ideals’ are met in one or other of the various theories of insolvency, see Legal Feminism and Insolvency Theory: A Woman’s Touch? by Dr Lézelle Jacobs.[1] The argument is that feminist ideals are ones of ‘inclusion, connectedness, social justice and the flattening […]

UNCITRAL guidance on MSE insolvency – Insolvency Law Bulletin article

An article in the latest Insolvency Law Bulletin[1] reports on the progress of UNCITRAL Working Group V[2] in developing law reform guidance on the resolution of the insolvency of micro and small-sized enterprises (MSEs), an issue for Australia and comparable jurisdictions, now heightened as a priority in light of the impact of COVID-19. As the […]

The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?

A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although yet to be implemented. These comprise a minimum 28 day moratorium for the debtor on creditors’ claims, a debtor-in-possession (DIP) arrangement with a monitor role rather than that of an insolvency practitioner (IP), a restructuring […]

A not so simple fix for franchise insolvency?

The financial collapse of a franchisor can have a severe impact on its franchisees but a “simple fix” proposed to address that impact may not be simple at all. Those academics and policy makers concerned about the business model of franchises, and its lack of legal protection in such cases, often seek to offer protection […]

Three year ‘imprisonment’ for bankruptcy debt

Australia has historically been seen as severe in its approach to unpaid debt and opposition to changing the 3 year period of time before bankruptcy discharge indicates that this sentiment is still strong; unless there are other agenda$ at play. As an example, the colony of Victoria was one of the last jurisdictions in the […]

How low can we go – funding the insolvencies of assetless estates

Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a legal regime is an issue in many countries. An American academic has offered some ‘KISS’ thoughts based on a review of a number of countries. A comparative explanation of how Australia operates is given.   […]

Insolvency R&B law reform ideas

While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt consider some root and branch ideas offered by Professor Helen Anderson, in particular in her 2018 article – Insolvency – it’s all about the money.[1] Without doing justice at all to her ideas, based on […]

Halifax – a cross-border insolvency

A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through a letter of request process, but other options might have been available through the Model Law. “Classic candidate for cross-border cooperation” On 22 August 2019, the Federal Court decided in principle that it could send […]