Insolvency remuneration – time-charging, or better?
Lawyers’ fees in class actions were the subject of a recent conference[1] paper by Sir Rupert Jackson, given in Melbourne, whose report in the UK
25/10/2018
Voluntary administrations and the benefits, or otherwise, of board turnover
Research just published[1] has looked at the relation between board turnover and the likelihood that a company that enters a deed of company arrangement under
23/10/2018
Litigation funding – ASIC’s submission to the ALRC
ASIC’s submission[1] to the Australian Law Reform Commission on class actions and litigation funding seemed to be a surprise to some.[2] ASIC says that, consistent
20/10/2018
Senate inquiry into unlicensed debt managers, credit repairers and payday lenders
The Senate Committee inquiry into debt management firms comes at an odd time, given pending regulation of such services by the new Australian Financial Complaints
19/10/2018
ASIC’s new insolvency ‘ROCAP’ – the Report On Company Activities and Property
The long history of the report as to affairs in corporate insolvency – the RATA – which started about 1890, has now ended, in 2018.
13/10/2018
NSW Registered Clubs – insolvency law change required
Registered clubs all over the country get into financial trouble, sometimes requiring the formal insolvency processes under the Corporations Act to secure their position, and
11/10/2018
Competing with phoenix operators, rather than combatting – a goverment liquidator
The World Bank has come out with reports[1] that support the Australian government’s attempts to control unlawful phoenix activity, by way of the creation of
08/10/2018
ASIC’s 2018 annual report – insolvency, what to expect
An interesting aspect of ASIC’s forthcoming 2018 annual report will be its review of the operation of the changes brought in by the Insolvency Law
07/10/2018
Too poor to be made bankrupt?
Most bankruptcies pay nothing to unsecured creditors. But there are only limited circumstances where a debtor can resist bankruptcy by claiming that they have nothing.
24/09/2018
Places of open debate or ‘echo chambers of orthodox creeds’
The need for universities to maintain and encourage open debate, particularly in matters of controversy, was recently the subject of a talk for the Academy
24/09/2018
Unclaimed moneys in bankruptcies – the law reformed
Those who are owed “unclaimed moneys” arising from a bankruptcy – for example a creditor whose dividend payment went astray – are assisted by recent
24/09/2018
The bankruptcy of Lehman Bros – a mere coincidence
Ten years ago, on 15 September 2008, Professor Rosalind Mason of QUT Brisbane and I gave a paper at the INSOL Academics Group Meeting in
15/09/2018
NZ Insolvency Practitioners Bill – RITANZ submission
The submission of RITANZ of 7 September 2018 on the proposed Insolvency Practitioners Bill presently before the NZ parliament raises a number of issues of
14/09/2018
Ordinary course of post – now 7 days not 4
Section 160 of the Commonwealth Evidence Act 1995 has been amended to change the day when posted letters are presumed to be delivered “in the ordinary
13/09/2018
International cross-border insolvency – an Australian diary
Some selected diary items of interest to Australian readers, and others. September 2018 QUT Law – Dr Paul Omar – Regulation of Insolvency and
13/09/2018
Insolvency and trust law – a legislative solution is needed regardless of the High Court’s views
While the High Court no doubt gave special leave to appeal in Amerind under the statutory criterion of resolving legal uncertainty, two recent papers suggest
12/09/2018
New Zealand insolvency practitioner reforms
Submissions on proposed major changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, closed on 24 August 2018 and the Bill
03/09/2018
‘Employee’ claim rejected – he was a contractor, and a de facto director
A ‘employee’s’ claim for payment of unpaid wages by a company in liquidation was rejected by the department under the Fair Entitlements Guarantee Act 2012 (the
02/09/2018
Bankruptcy statement of affairs
The bankruptcy office – the Australian Financial Security Authority – is asking for comment on a revised form of “statement of affairs”, the list of
31/08/2018
Liquidators’ examinations – not the same judicial restraint in Australia as in England and NZ
As the Full Federal Court has just confirmed, an Australian liquidator may conduct a public examination of a prospective or actual defendant to the liquidator’s
29/08/2018
Linc Energy – High Court special leave hearing 14 September Brisbane
The High Court is hearing the special leave application from the Queensland Court of Appeal decision in Linc Energy on Friday 14 September 2018 in
28/08/2018
Keay’s Insolvency – a law reform launch
The recent launch of the new 10th edition of Keay’s Insolvency prompted some pointed comments about the current insolvency system and suggestions about law reform
27/08/2018
Major insolvency reforms for the UK – elements of US Ch 11 and schemes
The UK government has announced[1] major insolvency law reforms that would significantly advance the flexibility required for restructuring financially troubled businesses. The reforms would adopt
26/08/2018
New family law court structure introduced into parliament
The Federal Circuit and Family Court of Australia Bill 2018 (FCFC Bill) and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional
23/08/2018
