Law reform

Insolvency law ministers – personal, corporate, Indigenous, cross-border, employment and more

Relevant federal ministers whose portfolios involve insolvency law are primarily Mr Mark Dreyfuss QC as Attorney-General, Dr Jim Chalmers as …

Oversight of deregistered companies

Company deregistrations for failure to return statutory forms and pay fees have increased from nearly five times the number of …

One small business restructuring practitioner

Reforms to corporate insolvency laws commenced on 1 January 2021 to assist companies with liabilities less than $1 million. These …

Try to resolve unpaid debt early, and leave insolvency as a “last resort”

Each of AFSA, ARITA and Financial Counselling Australia has issued a statement calling for better processes for resolution of claims …

Define “insolvency” – legislative drafting continued

In bills before the new 2022 parliament, our legislative drafters have continued with their consistent approach in relying upon 19th …

Class actions and litigation funding – New Zealand law reform report

While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law …

Insolvency practitioner remuneration revisited

International Insolvency Research Symposium.M Murray.RemunerationRevisited July 2022 – final This is a paper I gave at the recent International Insolvency …

Insolvency law reform – conference paper

This is the paper given by Professor Jason Harris and myself at the Society of Corporate Law Academics (SCOLA) conference …

Who should pay for the costs of the administration of an insolvency?

A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then …

Personal insolvency law and policy under the new Labor government in Australia

With the Attorney-General Mr Mark Dreyfus QC in the process of picking up police and other responsibilities from the disbanded …

Insolvency practitioner regulation – an Australian story

With the UK government rethinking the regulation of its insolvency practitioners (IPs), moving away from co-regulation to a system more …

The UK new international economic crime laws – and Australia compared

The UK government has just enacted the Economic Crime (Transparency and Enforcement) Act 2022 which requires overseas entities holding UK …

Insolvency disclaimer or state control – furnaces and coke ovens, pyrophoric iron sulphide and methane, effluent lagoons and asbestos …

The High Court of Australia has dismissed the liquidators’ application for special leave to appeal in Australian Sawmilling because the …

FEG claim against receivers over circulating assets

The Fair Entitlements Guarantee [FEG] scheme through the Commonwealth has obtained orders delaying the deregistration of a company to allow …

UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?

The first and rather glowing report on the operation of the Insolvency (England and Wales) Rules 2016 has been issued …

Judicial Impartiality Final Report – still under wraps

The Australian Law Reform Commission handed its Judicial Impartiality Final Report to the Attorney-General, Senator Michaelia Cash on 6 December …

Bankruptcy law – no need for prior consent to service by email

Bankruptcy law has been changed to allow service by email without asking the person in advance whether they consent to …

Australia’s safe harbour protection from insolvent trading liability, continued

The report on Australia’s safe harbour protection for directors (s 588GA) from what is said to be our strict insolvent …

What does our insolvency system produce?

Many of us who call for a major review of our insolvency laws must know that the data on the …

Why do we have preference recoveries in insolvency? – updated

The High Court of Australia (Keane and Gleeson JJ) has granted the liquidators special leave to appeal from the Full …

Insolvency returns to creditors and other fictions – reissued March 2022

Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent.  …

ASIC’s power to wind up abandoned companies – a drop in the ocean?

ASIC has revised its guidance on the exercise of its powers to order the winding up of an abandoned company, …

Government’s law reform of schemes of arrangement a “complete waste of resources when the core problem brewing is in the SME market”

Some may agree or not with the “blunt” submission of an Australian liquidator and trustee on the government’s review of …

Diversity and inclusion in insolvency

Diversity in the qualifications, experience, knowledge and abilities of those in the insolvency industry is the subject of this article, …