Law reform
Liquidators – spending money to justify spending money
Charging a second fee to justify charging an initial fee might seem odd but this can be the case when
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
Credit and financial services targeting those at risk of financial hardship
The Senate Standing Committees on Economics has recommended that the Financial Services Royal Commission be given an extension of time
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
Treasury Laws Amendment (Measures for a later sitting) Bill 2018: Miscellaneous amendments
The law reform process of going through a piece of legislation and picking up minor errors is useful and necessary
Insolvency law – assets and liabilities, activities and affairs – ASIC and AFSA
ASIC has released its new Report On Company Activities and Property (ROCAP), said to have been the result of an
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
The elephant in the room of SMEs
It now seems that an old elephant in the room – about the misconduct of banks and financial institutions –
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
Insolvency remuneration – time-charging, or better?
Lawyers’ fees in class actions were the subject of a recent conference[1] paper by Sir Rupert Jackson, given in Melbourne,
Voluntary administrations and the benefits, or otherwise, of board turnover
Research just published[1] has looked at the relation between board turnover and the likelihood that a company that enters a
Litigation funding – ASIC’s submission to the ALRC
ASIC’s submission[1] to the Australian Law Reform Commission on class actions and litigation funding seemed to be a surprise to
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,
NSW Registered Clubs – insolvency law change required
Registered clubs all over the country get into financial trouble, sometimes requiring the formal insolvency processes under the Corporations Act
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
Unclaimed moneys in bankruptcies – the law reformed
Those who are owed “unclaimed moneys” arising from a bankruptcy – for example a creditor whose dividend payment went astray
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
Insolvency and trust law – a legislative solution is needed regardless of the High Court’s views
While the High Court no doubt gave special leave to appeal in Amerind under the statutory criterion of resolving legal
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
