Uncategorized

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

NZ accountants’ new Code obligations, with Australia close behind

Accountants in New Zealand, including those who are insolvency practitioners, are from this week required to refer relevant breaches of