Cross-border and international
The bankruptcy of Lehman Bros – a mere coincidence
Ten years ago, on 15 September 2008, Professor Rosalind Mason of QUT Brisbane and I gave a paper at the ...
NZ Insolvency Practitioners Bill – RITANZ submission
The submission of RITANZ of 7 September 2018 on the proposed Insolvency Practitioners Bill presently before the NZ parliament raises ...
Ordinary course of post – now 7 days not 4
Section 160 of the Commonwealth Evidence Act 1995 has been amended to change the day when posted letters are presumed 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 ...
New Zealand insolvency practitioner reforms
Submissions on proposed major changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, closed on 24 ...
Liquidators’ examinations – not the same judicial restraint in Australia as in England and NZ
As the Full Federal Court has just confirmed, an Australian liquidator may conduct a public examination of a prospective or ...
Major insolvency reforms for the UK – elements of US Ch 11 and schemes
The UK government has announced[1] major insolvency law reforms that would significantly advance the flexibility required for restructuring financially troubled ...
Proportions of bankruptcies – a factor of 8.8 in Australia, but only 3.4 in England and Wales
While waiting to see if Australia’s parliament decides to introduce a one year period of bankruptcy, down from the current ...
UK’s “small proportion of bankruptcies where there has been misconduct leading up to the individual’s insolvency”
With the Australian parliament about to decide on the reduction of the period of bankruptcy from three years to one, ...
Directors’ identities, their home addresses, and more
With Australia having just closed its consultation on allowing company directors to have a director identity number (DIN), it is ...
Insolvency and the environment – some law reform suggestions
While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High ...
New Zealand’s changes to its insolvency laws
Proposed changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, are open for submissions until 24 ...
The Internationalisation of Directors’ Duties – Melbourne seminar – 30 July 2018
Directors of companies that trade overseas, and directors of subsidiaries of overseas companies, may have duties imposed upon them by ...
Fallout from a shipping trillision – Part 2
In Part 1 of this case report, the outcome of a three ship collision – a trillision – causing the ...
Structural weaknesses in the Model Law on Cross-Border Insolvency?
Cross-border insolvency law necessarily tries to ensure that insolvency proceedings about a debtor in different jurisdictions are co-ordinated and fully ...
NZ insolvency practitioner co-regulation – new law proposed
In a forthcoming article, I examine an aspect of Australia’s new regime for the (over) regulation of insolvency practitioners, which ...
One pre-packaged insolvency – coming up
An option for a quick resolution of an insolvent business is its quick pre-packaged exit, and transfer of assets to ...
Cross-border regulation of insolvency practitioners
The Insolvency Law Reform Act 2016 introduced a stronger regulatory regime over insolvency practitioners. It may not have been noticed ...
Singapore’s new debt restructuring regime – the steak knives are out
Competition between courts and the legal regimes in which they operate is perhaps an odd concept, contrary to the image ...