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The bankruptcy of Lehman Bros – a mere coincidence
15/09/2018
Banks and banking law
Lehman Bros
APRA
General
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
14/09/2018
RITANZ
New Zealand
General
Articles
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
13/09/2018
ordinary course of post
General
Articles
Blog
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
12/09/2018
trading trusts
High Court
General
Articles
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
03/09/2018
RITANZ
ARITA
General
Articles
Submissions on proposed major changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, closed on 24 ...
Bankruptcy statement of affairs
31/08/2018
statement of affairs
report as to affairs RATA
General
Articles
The bankruptcy office – the Australian Financial Security Authority – is asking for comment on a revised form of “statement ...
Keay’s Insolvency – a law reform launch
27/08/2018
Keay's Insolvency
General
Books and journals
Articles
The recent launch of the new 10th edition of Keay’s Insolvency prompted some pointed comments about the current insolvency system ...
Major insolvency reforms for the UK – elements of US Ch 11 and schemes
26/08/2018
UK Insolvency Code review
US Ch 11
pre-packs
General
The UK government has announced[1] major insolvency law reforms that would significantly advance the flexibility required for restructuring financially troubled ...
New family law court structure introduced into parliament
23/08/2018
family law courts
General
Articles
Blog
The Federal Circuit and Family Court of Australia Bill 2018 (FCFC Bill) and the Federal Circuit and Family Court of ...
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
20/08/2018
trusts
special leave
General
Articles
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler ...
Proportions of bankruptcies – a factor of 8.8 in Australia, but only 3.4 in England and Wales
20/08/2018
Statistics
bankruptcy
England and Wales
Articles
While waiting to see if Australia’s parliament decides to introduce a one year period of bankruptcy, down from the current ...
Guardianship and bankruptcy – NSW law reform report misses the point?
20/08/2018
guardianship
bankruptcy
General
Articles
A father who suffered a debilitating stroke left his son with the legal difficulty, in a quagmire of state and ...
UK’s “small proportion of bankruptcies where there has been misconduct leading up to the individual’s insolvency”
19/08/2018
bankruptcy restriction orders
Insolvency Service UK
one year bankruptcy
AFSA
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
18/08/2018
New Zealand
director identity number
General
Articles
With Australia having just closed its consultation on allowing company directors to have a director identity number (DIN), it is ...
Gift card reform – “a GIFT, not an investment”? or “there should be NO expiry EVER”?
17/08/2018
New Zealand
gift cards
General
Articles
Federal Treasury has closed its public consultation on an exposure draft of the Competition and Consumer Amendment (Gift Cards) Bill ...
Bankruptcy Bills to become Law?
17/08/2018
one year bankruptcy
debt agreements
General
Articles
The draft legislation program for the Senate for next week commencing Monday 20 August 2018 lists, among other Bills, the ...
One year bankruptcy and other changes – updated and corrected
14/08/2018
one year bankruptcy
sexual abuse redress
debt agreements
Family Court jurisdiction
[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13 ...
Insolvency and the environment – some law reform suggestions
04/08/2018
Canada
chain of responsibility
disclaimer
environmental
While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High ...
A government liquidator, and more
25/07/2018
government liquidator
General
Articles
Blog
Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of ...
Winding up a collective investment vehicle – submissions were due by 10 August
20/07/2018
managed investment schemes
collective investment vehicles
General
Articles
The publication of the 2015 book Insolvent Investments, edited by Stewart Maiden QC (LexisNexis), may have been a surprise to ...
The cost of unlawful phoenix activity – yep ….
17/07/2018
phoenix
General
Articles
Blog
PWC’s June 2018 report on the cost of phoenix activity – The Economic Impacts of Potential Illegal Phoenix Activity – ...
Consultation on director identity numbers – responses by 17 August 2018
14/07/2018
New Zealand
director identity number
General
Articles
In the 2018-19 Budget, the Australian government announced that it would modernise the Australian Business Register (ABR) and the ASIC ...
A bankrupt’s travel overseas
13/07/2018
travel overseas
General
Articles
Blog
Australia is on the outer internationally in imposing restrictions on those who are bankrupt from travelling overseas; they are required ...
New Zealand’s changes to its insolvency laws
11/07/2018
regulation
New Zealand
General
Articles
Proposed changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, are open for submissions until 24 ...
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