Cross-border and international
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 ...
Insolvency data sharing and access?
A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion ...
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 ...
An insolvency safe harbour in New Zealand?
As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand ...
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 ...
Why didn’t someone do something? the obligation to whistleblow
There is a current focus on whistleblowing as being one means whereby unlawfulness can be controlled. But what can be ...
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 ...
The Australian Academy of Law 2019 prizewinners
The Australian Academy of Law awards annual essay and other prizes. On 7 December 2019, the essay prize of $10,000 ...
Dealing with MSE insolvency – UNCCA Australia
Earlier in December 2019, LLM candidate and graduate lawyer Samantha Pacchiarotta and final year law student Cassandra Heaslip attended Insolvency ...
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 ...
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise ...
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 ...
MYEFO 2019-20 – ASIC, phoenixing and ‘journalists’
The government’s mid-year economic and fiscal outlook 2019-20 has these interesting items about access to ASIC’s registers, unlawful phoenixing and ...
Insolvency – some root and branch ideas
Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of ...
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 ...
Review of the CATSI Act 2006
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is ...
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 ...
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code ...
Liquidator’s fees were too low
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were ...