Cross-border and international
NZ’s measured review of class actions and litigation funding, noting Australia’s ‘polarised’ debate
The New Zealand Law Commission has commenced a 2 year inquiry into litigation funding and class actions, right at the
Does small business count?
This Ombudsman’s follow up report – Small Business Counts – examines small to medium business enterprises (SMEs) from an economics
Australia’s corporate SME insolvency law may soon become law – and then….
The Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 progressed through a third reading in the Australian parliament on 8 December
Corporate insolvency reforms 2020 – referred to a committee?
Report No 11 of 2020 of the Senate’s selection of bills committee of 3 December 2020 has considered the Corporations
Australian insolvency practitioner disciplinary decisions – short but to what point?
This report of two insolvency practitioner disciplinary decisions in Australia will be brief because the decisions, or their publicly released
Bankruptcy seems to be the hardest word
The government has not said anything about insolvency law reform for financially struggling individual small business operators among its claimed
SME insolvency – an alternative approach
Small business enterprises (SME) in Australia are conducted through the full range of legal entities available – sole traders, partners,
Australia’s small business restructuring practitioners
Australia is proposing a sub-group of liquidator accountants to assist in administering its new corporate SME insolvency laws, set to
Whistleblowing – panel debate – Bret Walker SC, Kate McClymont, and more – 19 November
The Australian Academy of Law is hosting a free on-line seminar on whistleblowing on Thursday evening 19 November 2020 from
Insolvency Law Bulletin – Janus-faced SME reforms; new easy ways to avoid preferences; and how to recover gifts of money, maybe
An article in the forthcoming Insolvency Law Bulletin describes the proposed corporate SME insolvency reforms as Janus-faced,[1] the title referring
Data Availability and Transparency Bill and Australia’s SME insolvency reforms
Following on some decades of government inattention to the collection of adequate statistical data in insolvency, but with law reforms
Where’s personal insolvency nowadays? Australian parliamentary confusion
This rather painful transcript of Senate estimates hearing on 27 October 2020 illustrates many things but in particular how small
Singapore’s new small business restructuring and liquidation regime – a “move away from earlier efforts to ‘hold the line'”
The Singapore parliament passed the Insolvency, Restructuring and Dissolution (Amendment) Bill 2020 on 3 November 2020. It will amend the
Dear Parliamentary Counsel
The Commonwealth Integrity Commission Bill 2020 is important in many respects and some would see the following aspect of it
Do the Australian small to medium business insolvency reforms add up?
The numbers upon which the government is relying for the proposed SME reforms[1] don’t seem to add up. Apart from
Is Australia’s insolvency safe harbour protection working – who knows?
The 2 year review of Australia’s safe harbour protection for directors, due from the government over a year ago, never
Australia’s insolvency law reforms – useful information from government officers
On 26 October 2020 the Economics Legislation Committee inquired of various Treasury officers about personal and corporate insolvency law reform,
Caution against “reasoning backwards” in assessing the validity of liquidators’ litigation
A judge has cautioned against “reasoning backwards” to assume that insolvency practitioners’ failed or injudicious legal proceedings either should not
SME insolvency reforms – a one year bankruptcy and more
The Australian government’s 2015 proposal to reduce the 3 year period for the imposition of the restrictions of bankruptcy to
ATO’s right to garnishee – a “privileged position … likely to result in failed corporate rescue attempts”?
A recent article Getting the priorities right: ATO garnishee notices in times of corporate distress by Sylvia Villios and David
Spent convictions of insolvency practitioners
According to a report from Stuff in New Zealand, a long-established liquidator has been denied permission to continue to practise
Transparency in the selection process of liquidators and trustees
The Insolvency Law Reform Act 2016 introduced some, let’s say, novel provisions in relation to the registration and discipline of
‘In the ordinary course of business’ in insolvency – why are we following wrong thinking New Zealanders?
The term ‘ordinary course of business’ in law is meant to describe a transaction that was within the normal operations
Choosing practitioners to administer Australian MSME insolvencies
The Australian government is presently finalising its draft SME insolvency law reform proposals. Apart from getting the law right, as
