A paper given by the NSW Chief Justice, Tom Bathurst – ‘Commercial trusts and the liability of beneficiaries: are commercial trusts a satisfactory vehicle to
The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in a matter that the judge
In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service of insolvency documents, depending on
The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable regime for corporate collective investment
A very critical report on the insolvency profession in the UK – Resolving-Insolvency-APPG-on-Fair-Business-Banking-and-Humphries-Kerstetter.pdf (appgbanking.org.uk) has come from the All Party Parliamentary Group on Fair Business
At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system in Australia, which we have
An overseas publisher has asked me to give an update on the latest in small business bankruptcy law in Australia, for a comparative article, the
Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC – held on 19 July 2021, the
The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released, although the intention of the
Apart from Australian law imposing a long period for a person to be subject to the restrictions and stigma of bankruptcy, of 3 years, it
If those in small business think the lockdowns are tough, for weeks or even months at a time, the government has a much longer lockdown
With ASIC having appeared before the Parliamentary Joint Committee on Corporations and Financial Services on 27 August 2021, ASIC’s Corporate Plan 2021-25 has also just
The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA, introduced in September 2017. But
A Judge has ordered that Trustees in bankruptcy file “evidence that identifies the benefits the creditors of the bankrupt estate are likely to receive if
The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a live issue in Australia, with
Bankruptcy trustees, and liquidators, and creditors in insolvencies, contribute much to the government, in effect for free. In a recent bankruptcy disciplinary decision, the Sydney
Australia’s AFSA has announced that since 29 July 2021, it has changed the way it allocates bankrupt estates to bankruptcy trustees working in the private
The proposed annual ASIC ‘industry levies’ imposed on liquidators in Australia, to fund the cost of their regulation, prompts this brief comparison with what Australian
A 5 day bankruptcy hearing was cancelled in March 2021, in relation to matters occurring in 2012, being challenged in a 2014 bankruptcy by way
In ordering that liquidators be appointed to Forum Finance Pty Ltd on 9 July 2021, the Federal Court explained the nature of a winding up
In making a winding up order against Forum Finance,[1] Justice Michael Lee made this comment about the hourly fees of the proposed liquidators: “24 … The
There are now a number of decisions from the Administrative Appeals Tribunal reviewing decisions of the Fair Entitlements Guarantee where the question is whether an
An Italian shipping company – Michele Bottiglieri Armatore SpA – which is subject to Italian restructuring protection, a concordato preventivo – has successfully obtained a
A trustee in bankruptcy in England rejected a £5.7m proof of debt lodged by the revenue authority [HMRC][1] on what was found to be a
