Case and statute law
A review of Australia’s insolvency practitioner regulation system
Given a choice between a good insolvency law and poor practitioners, and good practitioners and a poor insolvency law, the ...
Independence of debtors’ chosen liquidators
If directors apply to the court have their company wound up in insolvency, or in fact support an application for ...
A deferred tax debt can remain due and payable
If a company owing a debt enters into an agreed payment arrangement with the creditor, that can serve to defer ...
Don’t be too harsh on non-compliant directors of failed companies?
The laws regulating the conduct of directors of companies in liquidation and laws regulating persons who go bankrupt exist in ...
Million pound fines for breach of insolvency standards
The million pound fining of an insolvency firm and its administrators by the English accounting body ICAEW illustrates the differences ...
A pointless distinction in corporate insolvency
In the 19th century, where much corporate insolvency law thinking still remains, a distinction was made between court ordered liquidations ...
Dangers in liquidators running a ‘skinny case’
” … it might not be seen to be unreasonable [for insolvency practitioners] to avoid expending funds producing affidavits in ...
All over a rooster
A bankrupt who claimed that noise attributed to her unauthorised rooster was in fact made by her peacock, which was ...
A liquidator disciplinary decision – some regulatory insights
A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which ...
Selfies of Australian insolvency practitioners – not looking good …?
A recent Australian academic thesis reveals an insolvency industry comprising practitioners with low self-identity, lacking in self-confidence and with a ...
The 2020 insolvency practitioner codes
New insolvency practitioner codes have issued in Australia, with the UK and NZ perhaps not far behind. It remains to ...
Bankrupt’s continued liability for costs
A court has refused parties’ request to retrospectively make an order for costs to avoid the consequences of a time ...
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 ...
Winding up a company for a $1,000 debt
” … the issue of proportionality between the amount of indebtedness and the deployment of an application to wind up ...
Murrays Legal closes on 31 December 2019 and reopens on 1 January 2020
As to which, readers will be aware that “[t]he beginning of a day is nothing but the end of the ...
Disclaimer of litigation funding agreement
While a trustee was ready to continue the bankrupt’s litigation claim, he was not willing to use the bankrupt’s litigation ...
Part 5.3A is not a device to escape payment, much less to protect directors from their misconduct
A deed of company arrangement (DOCA) was set aside despite 7 out of 8 creditors supporting it, and despite it ...
New Zealand insolvency – accrediting the professional bodies
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for ...
Equitable fraud on creditors – bankruptcy composition set aside
Among several grounds for setting aside a composition between a bankrupt and his creditors under the Bankruptcy Act was ‘equitable ...
Boensch v Pascoe – High Court’s decision
The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed ...
Halifax – no reason why the NZ High Court should not physically sit in Australia …
The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on ...
Major corporate collapses and the public interest – British Steel and more
The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are ...
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 ...
The Future of Australian Law Reform – the five top priorites?
The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on ...
