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The fine print in an ASIC form
With Australia’s new insolvency laws commencing this Friday 1 September, there is a late flurry of activity from the legislature ...
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out ...
Insolvency practitioner regulation – New Zealand & Australia
Comparing NZ insolvency law with Australia’s, in preparation for the BFSLA conference this week on 1 September 2017, the day ...
The IBA Annual Conference Sydney, 8–13 October 2017
Among many sessions across a wide range of legal disciplines, the IBA conference has this series of insolvency sessions. Avoiding ...
Liquidators, and ASIC, acting without authority – all fixed
When a person inadvertently exercises powers without legal authority, a prompt legal response is required. The consequences can be serious, ...
ABA’s Anna Bligh and bank lending reforms
Anna Bligh, the Chief Executive of the Australian Bankers Association, has recently spoken of the “strong and mutually beneficial relationship between ...
Pay your tax debt now – only $…99.99
While a retailer’s $99.99 is a typical example of psychological pricing, the Tax Commissioner’s figure of $8,453,699.99 is not. Rather, ...
The cost of a victim of crime in pursuing her own justice
The personal and financial suffering that a victim of a serious physical crime can go through, and the costs of ...
“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.
“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal ...
Bankruptcy trustees’ remuneration challenge – continued
A Victorian Supreme Court decision gives some background to the regulator’s decision to reduce bankruptcy trustees’ remuneration by over $277,000, ...
Speech by Justice Black on Insolvency Law
In a speech given to ARITA’s conference on 9 August 2017, Justice Ashley Black of the NSW Supreme Court has ...
Protected: Ipso facto retrōspecto? No
There is no excerpt because this is a protected post.
Why lawyers should study political science, economics, sociology, and political philosophy
To mark the 10th anniversary of the Australian Academy of Law (AAL), the 90th anniversary of the Australian Law Journal ...
Safe harbour – some inherent behavioural issues to overcome
While the new safe harbour law[1] is the end result of some years of torturous debate, still on-going, it is ...
“The human importance of bankruptcy”
The significance of bankruptcy and the need for its law to be clear and predictable is emphasized in a recent judgment of the ...
Black Economy Taskforce: Consultation Paper
The Black Economy Taskforce has released a discussion paper outlining a number of additional policy ideas which draw on its ...
Murrays Legal is moving
More soon…..
Banks in [financial] crisis; dispute resolution; farm debt mediation, and more
My preparation for a major banking and financial services conference[1] has prompted this quick review of where Australia is at ...
Liquidators – have your “policies and procedures” handy, or “propose to put them in place”, soon
New section 30B of the ASIC Act allows ASIC to ask a liquidator to produce the ‘policies and procedures’ relating to external administrations and ...
OECD report – “low personal costs to entrepreneurial failure with high barriers to restructuring”
Economic analyses of insolvency in Australia are strangely limited, given that a major purpose of an insolvency regime is its support of ...
An extraordinary legal imposition on our Immigration Minister
The Daily Telegraph is right this time, it was an extraordinary finding by a court,[1] to expect our immigration politician ...
Seven Network v Harrison – costs orders and bankruptcy
The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment ...
International insolvency regulation – London 2017
The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 ...
England’s review of its insolvency code – independence, remuneration and more
The question of insolvency practitioner independence is important given the role of a company liquidator and bankruptcy trustee. Independence rules ...
