Cross-border and international
The future of the insolvency ‘profession’
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
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
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
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
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
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?
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
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?
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
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
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 …”
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’.
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
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
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
The Ministers for Consumer Affairs of Australia and New Zealand recently met, on 26 October 2018 in Melbourne, making a ...
Bankruptcy in Canada in the 1930s
Articles on this website generally attract reduced readership if they are about bankruptcy rather than liquidation; or if they are ...
Debtors’ breathing spaces – UK reforms
This UK government consultation concerns new arrangements proposed for a 60 day ‘breathing space’ for struggling debtors, and for a ...
UK Crown priority in insolvencies to be restored
The UK government has announced in its 2018 budget that priority dividend payments will be made to the revenue for ...
Law reform obituary – CAMAC 1983-2018
The Corporations and Markets Advisory Committee (CAMAC) was a corporate law reform body comprising individuals eminent in that field. It ...
Senate inquiry into unlicensed debt managers, credit repairers and payday lenders
The Senate Committee inquiry into debt management firms comes at an odd time, given pending regulation of such services by ...
ASIC’s new insolvency ‘ROCAP’ – the Report On Company Activities and Property
The long history of the report as to affairs in corporate insolvency – the RATA – which started about 1890, ...
Competing with phoenix operators, rather than combatting – a goverment liquidator
The World Bank has come out with reports[1] that support the Australian government’s attempts to control unlawful phoenix activity, by ...
Too poor to be made bankrupt?
Most bankruptcies pay nothing to unsecured creditors. But there are only limited circumstances where a debtor can resist bankruptcy by ...