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Cross-border and international
Regulation of Australian insolvency practitioners – UK and NZ compared
08/09/2019
co-regulation
NZ
regulation
UK
I am pleased to be soon presenting to various groups on the regulation of Australian insolvency practitioners, with some comparisons
International Association of Insolvency Regulators’ Conference – 2019
07/09/2019
gender
IAIR
Ireland
NZ
Australia is attending and presenting at the annual insolvency regulators’ conference, along with regulators from the UK, the US, New
A liquidator found liable for breach of confidence and invasion of privacy
06/09/2019
NZ
privacy
confidential information
Articles
“To say there is bad blood between David Henderson and Robert Walker is an understatement. From the time Robert Walker
Flying low – an airline’s ‘extraordinary’ response to a $19m penalty
20/08/2019
penalties
stay of proceedings
Articles
A major international airline turned up to court to seek a stay of a A$19m penalty with evidence so inadequate
International insolvency law and Australia’s UNCCA
18/08/2019
UNCCA
Maastricht University
A newly qualified Australian lawyer who was sponsored through UNCCA and LAWASIA to attend Insolvency Working Group V in Vienna
“Shortcomings of the Model Law on Cross-Border Insolvency (just some)”
21/07/2019
AFSA
UNCITRAL
UNCITRAL Model Law
Model Law on Recognition
Professor Martin Davies of Tulane Maritime Law Center recently offered a critique of the Model Law on Cross Border Insolvency
NZ’s 2019 Insolvency Practitioners Regulation Act and its cross-Tasman impact
06/07/2019
New Zealand
regulation
CAANZ
General
NZ’s Insolvency Practitioners Regulation Act is due to commence over the next year introducing a licensing and regulatory regime for
‘Your place or mine, and for how long?’ – a lack of judicial independence
28/06/2019
Delay
independence
judges
General
We might have noticed that courts in Australia and indeed in most comparable countries are usually housed in their own
The future of the insolvency ‘profession’
12/02/2019
General
Blog
I was pleased to have given a presentation on the future of the insolvency profession, at Griffith University’s excellent Professional
Insolvency administrator’s lack of attention to the sale of complex assets
12/02/2019
General
Blog
A UK insolvency administrator has been found to have acted in breach of his duties to a broadcasting company, some
Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada
01/02/2019
General
Blog
The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim
‘The defaulter’s paradise is lost’ – an unsuccessful challenge to India’s new Bankruptcy Code
31/01/2019
General
India
Blog
India’s new Bankruptcy Code has survived an initial challenge to its constitutional validity, with the Supreme Court of India waxing
Liquidator’s right to disclaim contaminated land – important decision pending
27/01/2019
General
Blog
Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme
The costs of lawyer litigants – ‘Chorley’ off to the High Court
15/01/2019
General
Blog
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as
Opportunistic and manipulative insolvency practitioners?
14/01/2019
General
Blog
Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is
Professional body regulation of Australian insolvency practitioners
04/01/2019
General
Blog
Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to
Insolvency Practitioners Regulation Act (NZ) 2019?
21/12/2018
General
Blog
A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments,
Revised draft of Australia’s 2014 insolvency code of practice
10/12/2018
General
Blog
ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th
UNCITRAL – insolvency working group Vienna – 10-14 December 2018
04/12/2018
General
Blog
A small group from Australia is in Vienna this week to attend the regular meeting of UNCITRAL Working Group V
Liquidators: “… no obligation to conduct any investigations beyond the bare minimum …”
19/11/2018
General
Blog
It has been said of liquidators that in no other profession is a highly qualified professional expected to work for
Judicial responsibility for a company’s collapse, and other ‘guns to the head’.
14/11/2018
General
Blog
Judges make important decisions about the legal rights of parties in dispute. If the private parties agree, orders by consent
Some cross-border insolvency items from Australia and England
13/11/2018
General
Conferences
Blog
Two cross-border insolvency papers from Australian Judges; a scheme judgment from the UK, with the Judge criticising the parties, saying
England’s approach to ‘phoenixism’ – joint and several liability
08/11/2018
phoenix activity
tax
UK
General
English law’s latest proposed reforms in relation to abuse of its tax laws through insolvency, including through ‘phoenixism’, seem to
Consumer protections – auction warranties; debt management firms; and gift cards and insolvencies
08/11/2018
auctions
Australian Consumer Law
debt management
Blog
The Ministers for Consumer Affairs of Australia and New Zealand recently met, on 26 October 2018 in Melbourne, making a
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