Bad timing? or will Euclid save the day?
Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and beyond in deciding whether a
02/02/2019
Trends in personal insolvency given to Senate committee
Representatives of the personal insolvency law administrator – AFSA – appeared on 24 January 2019 before the Economics References Committee examining credit and financial services
01/02/2019
Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada
The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim property of the company that
01/02/2019
‘The defaulter’s paradise is lost’ – an unsuccessful challenge to India’s new Bankruptcy Code
India’s new Bankruptcy Code has survived an initial challenge to its constitutional validity, with the Supreme Court of India waxing poetic about the importance of
31/01/2019
An employee or an independent contractor? a checklist
The AAT has given a useful decision, finely balanced on the facts and the law, that a person – Mr Roberts – was an employee
29/01/2019
Liquidator’s right to disclaim contaminated land – important decision pending
Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme Court of Canada between a
27/01/2019
Does insolvency practice constitute a profession?
Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term may be defined. But in
21/01/2019
Inquiry into debt services for those in financial hardship – 22 January hearing
The Senate Standing Committee on Economics inquiring into credit and financial services targeted at people at risk of financial hardship has its next hearing in
20/01/2019
A new priority of the Commonwealth – FEG – in an insolvency?
This post, of 18 January 2019, is reissued, for readers’ interest and information. The move generally in insolvency law, and under Australia’s Insolvency Law Reform
18/01/2019
The costs of lawyer litigants – ‘Chorley’ off to the High Court
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as one of principle. Lawyers will
15/01/2019
Opportunistic and manipulative insolvency practitioners?
Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is too narrowly focused to provide
14/01/2019
Professional body regulation of Australian insolvency practitioners
Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to a limited extent CAANZ, given
04/01/2019
Insolvency Practitioners Regulation Act (NZ) 2019?
A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments, taking into account comments in
21/12/2018
Bankruptcy trustees’ performance 2017-2018
AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to its regulation of trustees in
19/12/2018
More soft law – ARITA’s insolvency practice statements
ARITA has released a number of draft Practice Statements for comment. These Practice Statements are designed to give ‘technical’ guidance on best practice approaches to
18/12/2018
273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …
A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge 46 false registrations on the
13/12/2018
Model Law on Cross-Border Insolvency – its procedural limitations
The Model Law on Cross-Border Insolvency is not quite as expansive in its assistance to foreign liquidators and trustees as it may appear. It did
13/12/2018
Revised draft of Australia’s 2014 insolvency code of practice
ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th edition, it being over 10
10/12/2018
What bankruptcy law changed in Australia in 2018, and what didn’t
In the last days of parliament for 2018, the government has managed to stave off debate on the proposed one-year bankruptcy law – the Bankruptcy
10/12/2018
Managing government contracts through financial distress – AGS Commercial Notes, November 2018
This Australian Government Solicitor bulletin offers a comprehensive coverage of the terms of commercial agreements with the Australian government and how government clients and their
06/12/2018
UNCITRAL – insolvency working group Vienna – 10-14 December 2018
A small group from Australia is in Vienna this week to attend the regular meeting of UNCITRAL Working Group V (Insolvency).[1] WGV is currently examining
04/12/2018
Environmental law and insolvency – Senate inquiry moves into 2019
The on-going tension between insolvency law and Commonwealth environmental law is being played out for one, in the Senate Environment and Communications References Committee, convened
03/12/2018
What to do about problem debt advisers?
A late submission received by the Senate Economics Committee inquiry into credit and financial services aimed at those at risk of financial hardship – ‘debt
02/12/2018
Trial decisions pending a High Court appeal in Amerind
It can be legally difficult to determine what the law is when a significant legal issue is on appeal, leaving the issue uncertain in other
30/11/2018