Law reform

Insolvent insolvency practitioners?

An Australian insolvency industry body – ARITA – has suggested that the law should be changed to allow insolvency practitioners …

UK’s proposed single insolvency regulator – beware Australian comparisons [revised]

After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation …

Silos

Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?

With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations, …

Australian MSME insolvency law reform

Australian lawyers are presently represented at an international gathering of experts to address the need for particular insolvency laws for …

Do our insolvency laws suit small business failures?

In shopping for a suit recently, I noticed that the Big Store displayed its suits according to brand, which apparently …

An insolvency law reform inquiry? first things first….

The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian …

Proposed New Zealand law restricting investigating accountants taking insolvency appointments

A bill introduced into the New Zealand parliament would mean that if ABC Insolvency Firm took a role as investigating …

Rethinking insolvency law – a follow up

We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency …

Sole traders and insolvency

A report on the financial business health of Australian small business takes the novel approach of looking at sole traders. …

Trust law and insolvency – views of the NSW Chief Justice; law reform prospects

A paper given by the NSW Chief Justice, Tom Bathurst – ‘Commercial trusts and the liability of beneficiaries: are commercial …

Electronic delivery of documents in bankruptcy and liquidation – continued

In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service …

Corporate Collective Investment Vehicles

The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable …

Reinventing the Australian Insolvency System

At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system …

Australian personal insolvency and small business reform in the wake of Covid

An overseas publisher has asked me to give an update on the latest in small business bankruptcy law in Australia, …

Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads

Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC  – held …

Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much

The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released, …

Objections to a bankrupt’s 3 year discharge in Australia – mixed messages and unfair law

Apart from Australian law imposing a long period for a person to be subject to the restrictions and stigma of …

You call that a lockdown? Australia’s bankruptcy laws

If those in small business think the lockdowns are tough, for weeks or even months at a time, the government …

Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]

The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA, …

What do creditors get from ‘successful’ recovery actions by insolvency practitioners?

A Judge has ordered that Trustees in bankruptcy file “evidence that identifies the benefits the creditors of the bankrupt estate …

Employees’ redundancy rights on the insolvency of their employer

There are now a number of decisions from the Administrative Appeals Tribunal reviewing decisions of the Fair Entitlements Guarantee where …

Australian small business insolvency law – a review

Several stars aligning at the end of 2020-2021 prompt this review of where Australia is at in the area of …

Why do we have preference recoveries in insolvency?

In finding that the ‘peak indebtedness rule’ did not in fact exist, the Full Federal Court[1] in Badenoch v Bryant …

Silos

Electronic delivery of documents in insolvency law

Some belated concern has been raised about the potential for new corporate insolvency law allowing a winding up demand to …