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Government’s response to the 2015 Productivity Commission Report – “Business … closure”
That part of the Productivity Commission’s report on insolvency – or “closure” – was not one of its better efforts, ...
Funding personal and corporate insolvency regulation
ASIC and AFSA ASIC The funding of ASIC under the draft ASIC Supervisory Cost Recovery Levy Regulations 2017 by way of ...
Australian Academy of Law – legal education conference; legal ethics; essay prize; and more
The latest news from the Australian Academy of Law includes: The National Conference on Legal Education, on 11-13 August 2017, ...
Insolvency Law Amendment Bill 2017 (No 1?)
The government is proposing to amend only some of the insolvency law changes under the Insolvency Law Reform Act 2016 ...
Unpaid super – just rounding up the usual suspects
A Senate Committee has produced yet another typical report that goes round in the usual circles of recommending the implementation of previous ...
Japanese restaurant’s accountant liable for fair work breaches
The recent court finding that an accountancy firm was liable for contraventions of the Fair Work Act by its client, ...
Freezing orders against alleged phoenixers
The Australian Taxation Commissioner has succeeded in having provisional liquidators appointed to alleged “phoenix” companies associated with a Philip Whiteman. ...
Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts
This excellent review of insolvency practice in Japan provides an instructive perspective for those of us from Western legal traditions, ...
Insolvency Law Bulletin – special law reform double issue
The latest Insolvency Law Bulletin (INSLB) is a special insolvency law reform double issue covering various aspects of the changes being ...
How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company
An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees ...
INSOL International – Special Report on Insolvency Practitioners’ Remuneration
INSOL International has just published a global review of how insolvency practitioners’ fees are assessed and approved across a range of jurisdictions, ...
Traill’s 16th Insolvency Conference 1-2 May – a wrap-up
A wide range of legal and practice issues concerning the current insolvency law changes under the Insolvency Law Reform Act ...
Insolvency disclaimer of orphan wells – Linc Energy compared
While Australia is pondering the quirk in its Constitutional referral of powers arrangements which has resulted in Queensland’s environmental protection law ...
MSME insolvencies – more on small business ‘exits’
My recent report explained that the insolvency of micro and small to medium enterprises (MSMEs) is to be the subject ...
A Russian liquidation – part of “a long and abusive campaign on the part of the Russian Government”
Claims that the reinstated liquidation of a Russian company – DSL – was part of “a long and abusive campaign ...
Linc Energy – environmental law v insolvency law
“It is a simplistic statement but one that is necessary to emphasize: insolvency statutes … do not mesh very well with ...
Linc Energy – how not to regulate and enforce environmental laws
Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be ...
Micro and small to medium enterprises – what to do about their insolvency
With latest ABS data showing that Australia is primarily a nation of small business operators, largely successful, it is perhaps to ...
Liquidators’ remuneration – Sakr Nominees reaffirmed
A senior Judge has approved the remuneration of a liquidator in full based upon the principles set out in the ...
Directors and their safe harbour – how to get them to behave
An aim of the latest “safe harbour” insolvency reforms is to “drive cultural change” in company directors by encouraging them ...
Whistleblowing, as a means of professional regulation?
The use of whistleblowers in the regulation of tax and corporate law, and the bases for incentivizing and protecting them, are ...
The law and lawyers: their limits – an Academy of Law Ethics Hypothetical
The Australian Academy of Law held the first of its three Sydney conferences for the year on 4 April 2017 ...
The bankruptcy of Sir Garfield Barwick, Chief Justice of the Australian High Court – an example of a true ‘fresh start’
A significant aspect of our legal, social and political history has been revealed through a paper presented on the financial ...
Memorandum of Understanding – AFSA and ARITA
The Inspector-General in Bankruptcy has announced that a memorandum of understanding has been entered into between AFSA and ARITA, dated ...
