Oversight of deregistered companies
Company deregistrations for failure to return statutory forms and pay fees have increased from nearly five times the number of companies liquidated in 2016 to
12/08/2022
One small business restructuring practitioner
Reforms to corporate insolvency laws commenced on 1 January 2021 to assist companies with liabilities less than $1 million. These reforms under Part 5.3B Corporations
11/08/2022
Judicial Impartiality and the Law on Bias
The Australian Law Reform Commission’s 600 page report on judicial impartiality – Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report
04/08/2022
Keay’s Insolvency – Personal and Corporate Law and Practice, 11th ed, 2022
We are pleased to have published the 11th edition of our textbook, Keay’s Insolvency – Personal and Corporate Law and Practice, some four years after
03/08/2022
Try to resolve unpaid debt early, and leave insolvency as a “last resort”
Each of AFSA, ARITA and Financial Counselling Australia has issued a statement calling for better processes for resolution of claims for unpaid debt – Australians
02/08/2022
Define “insolvency” – legislative drafting continued
In bills before the new 2022 parliament, our legislative drafters have continued with their consistent approach in relying upon 19th century colonial bankruptcy law to
02/08/2022
Class actions and litigation funding – New Zealand law reform report
While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law Commission has delivered its long-awaited
24/07/2022
Insolvency practitioner remuneration revisited
International Insolvency Research Symposium.M Murray.RemunerationRevisited July 2022 – final This is a paper I gave at the recent International Insolvency Research Symposium on what I
23/07/2022
Reprimand and more for a liquidator – that’s about as much as we know
By a media release ASIC has reported that a disciplinary committee has decided to reprimand a liquidator, Nicholas Crouch, under s 40-55 of Corporations Act
17/07/2022
Insolvency law reform – conference paper
This is the paper given by Professor Jason Harris and myself at the Society of Corporate Law Academics (SCOLA) conference on 4 July 2022, at
04/07/2022
Association of Independent Insolvency Practitioners’ Third National Insolvency Conference
“Are you ready to rumble” in the insolvency jungle was the opening question at the Association of Independent Insolvency Practitioners conference at the Hyatt Hotel
01/07/2022
Can insolvency practitioners afford to be generous?
The Australian bankruptcy regulator, AFSA, has published what it terms a series of “exemplar behaviour case studies [to] showcase examples of best practice from the
20/06/2022
Insolvency practitioner [over]-regulation in Australia – an update
While the UK is reviewing its insolvency practitioner (IP) co-regulation system, Australia’s direct regulation, with minimal but expansive co-regulation, might also come up for review.
19/06/2022
Who should pay for the costs of the administration of an insolvency?
A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then it should be further explained
11/06/2022
Personal insolvency law and policy under the new Labor government in Australia
With the Attorney-General Mr Mark Dreyfus QC in the process of picking up police and other responsibilities from the disbanded Home Affairs and deciding upon
06/06/2022
“The [too high] costs of insolvency”?
The Age newspaper in Australia has reported on what it describes as the “often extremely heavy” costs in administering insolvencies “which generally come out of
22/05/2022
Insolvency practitioner regulation – an Australian story
With the UK government rethinking the regulation of its insolvency practitioners (IPs), moving away from co-regulation to a system more like Australia’s direct government regulation
18/05/2022
Insolvency Law Bulletin – the latest on examinations, liens, receivers, tracing and winding up
Examinations The latest Insolvency Law Bulletin looks at the High Court’s recent decision in Walton v ACN 004 410 833 Limited (formerly Arrium Ltd) (in
15/05/2022
“National interest insolvencies” – creditors vs the public interest?
At a seminar in London on 11 May 2022 – National Interest Insolvencies – Should these be for the State to manage? – [ Webinars
14/05/2022
The UK new international economic crime laws – and Australia compared
The UK government has just enacted the Economic Crime (Transparency and Enforcement) Act 2022 which requires overseas entities holding UK real estate to disclose their
12/05/2022
International insolvency – impact of the Model Law, and more – UNCCA seminar on 27 May 2022
In a recent article on Australian insolvency law reform,[1] Justice Sarah Derrington, as chair of the Australian Law Reform Commission, usefully referred also to cross-border
05/05/2022
Insolvency disclaimer or state control – furnaces and coke ovens, pyrophoric iron sulphide and methane, effluent lagoons and asbestos …
The High Court of Australia has dismissed the liquidators’ application for special leave to appeal in Australian Sawmilling because the legislation from which it arose
30/04/2022
FEG claim against receivers over circulating assets
The Fair Entitlements Guarantee [FEG] scheme through the Commonwealth has obtained orders delaying the deregistration of a company to allow a claim to be made
24/04/2022
UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?
The first and rather glowing report on the operation of the Insolvency (England and Wales) Rules 2016 has been issued by the UK government, showing
20/04/2022