Views of former High Court judges, on reasoned [sic] government decision making

Here are two rather politically telling comments of former Australian High Court judges from which we may each make our own assessment about how this lucky country is governed, and by whom. Mr Kenneth Hayne – “Trust in all sorts of institutions, governmental and private, has been damaged or destroyed”; and Mr Ian Callinan – […]

NSW Law Society’s Specialist Accreditation Conference 2019

I am presenting to senior lawyers at the NSW Law Society’s Specialist Accreditation Conference 2019 on 9-10 August, in the Business Law component. The topic is, simply, current issues in personal and corporate insolvency. The focus and content is different when the audience comprises lawyers, rather than insolvency practitioners (IPs). Lawyers have a range of […]

“Shortcomings of the Model Law on Cross-Border Insolvency (just some)”

Professor Martin Davies of Tulane Maritime Law Center recently offered a critique of the Model Law on Cross Border Insolvency at a presentation at Sydney University Law School. As he said: “shortcomings of the Model Law (just some)”. Limitation on recognition of foreign judgments An early problem with the Model Law on Cross-Border Insolvency was […]

Does insolvency practice constitute a profession?

Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term may be defined. But in the wider context of all the recognised professions, and the criteria that they meet, there is some doubt that they constitute a profession. At least this is a threshold issue […]

Some cross-border insolvency items from Australia and England

Two cross-border insolvency papers from Australian Judges; a scheme judgment from the UK, with the Judge criticising the parties, saying the court is not merely to be a rubber stamp ‘at the end of a restructuring which has been under discussion for over a year’; and a brief reminder of UNCITRAL’s Working Group V – […]

Overcoming non-financial barriers to justice – Academy of Law debate – 27 Nov Sydney

This is the third and final event in the Academy’s Access to Justice series for 2018, being held on Tuesday 27 November 5pm-6.30pm in Sydney.  Whereas the second one focussed on overcoming financial barriers, this debate will be on overcoming non-financial barriers. Those barriers are various and numerous: difficulties associated with language, culture, age, geographical […]

Insolvency remuneration – time-charging, or better?

Lawyers’ fees in class actions were the subject of a recent conference[1] paper by Sir Rupert Jackson, given in Melbourne, whose report in the UK has led to major costs budgeting reforms in the way lawyers must justify their fees. An Australian costs expert has extended this thinking to explain the need for insolvency professionals […]

Principles of Regulation of Insolvency Practitioners – an international standard

The rather opaque International Association of Insolvency Regulators (IAIR) has issued a public document, the Principles of Regulation of Insolvency Practitioners (IPs), said to have been the subject of internal discussion and negotiation over the last two years.  In so far as both AFSA and ASIC are members of IAIR, it will be interesting to […]

International cross-border insolvency – an Australian diary

Some selected diary items of interest to Australian readers, and others.    September 2018 QUT Law – Dr Paul Omar – Regulation of Insolvency and Insolvency Practitioners in the Asia-Pacific Region QUT is hosting an exclusive round table on insolvency systems and the regulation of insolvency practitioners from diverse economies in the Asia-Pacific Region, with […]

Academy of Law – access to justice, free speech on campus, science v law

The second public debate held by the Australian Academy of Law in its series on Access to Justice was held on 26 July 2018. Meanwhile, many other Academy talks and debates are coming up. The focus of the 26 July debate was on overcoming financial barriers to access to justice. This involves not just money […]