Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018
The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a system which saw an increase
04/01/2018
Moving in together – personal and corporate insolvency law and policy
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law enforcement focused department, to Treasury,
29/12/2017
Cleaning up after a failed miner – who pays?
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining who pays for the remediation
28/12/2017
Murrays Legal Commentary – closing 31 Dec-1 Jan
Murrays Legal has, since June 2016, issued over 350 commentaries on the broad topic of insolvency, personal and corporate, from legal, economic, social and technology
20/12/2017
Revisiting the Chorley exception
While it has been said that lawyers acting for themselves have fools for a client, the law does not discourage them by what is known
19/12/2017
Pending insolvency law and practice changes
Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send various items of copy off
18/12/2017
The end of safe harbour?
Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends. While the safe harbour section 588GA of
15/12/2017
Challenge to banktruptcy trustees’ remuneration – continued
A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the Federal Court in Melbourne. The
15/12/2017
Sydney Lawyers Orchestra – Christmas Concert, Sydney
Next Monday 18 December 2017 at 7pm, the Sydney Lawyers Orchestra is presenting its fourth annual Christmas concert in Sydney. The concert is being held
13/12/2017
Trading trusts [clearly and succinctly] explained
This is not a review of Peter Agardy’s ‘Trading Trusts Explained’ (LexisNexis) but an alert to its availability, its release very usefully timed when the
13/12/2017
The Courts’ Insolvency Rules – their harmonisation and modernisation
The Courts could usefully conduct a review of their corporate and personal insolvency rules, both to address the recent ‘harmonising’ reforms under the Insolvency Law
11/12/2017
Debt agreement reform remains under parliamentary wraps
Although listed for tabling in parliament this year, the Bankruptcy Amendment (Debt Agreement Reform) Bill 2017 did not quite make it; some laws about marriage
08/12/2017
Vancouver 2018 – insolvency moots and conference – QUT and UBC
Following the success of the first Ian Fletcher International Insolvency Law Moot, held in Sydney in March 2017, the QUT Faculty of Law is a
08/12/2017
Professional ethics – Academy of Law Debates for 2017
A series of public debates on ethical conduct in the law, accounting and business was a significant contribution to this important issue made by the
08/12/2017
Liquidator conduct appeals – how long should they take?
The hearing of a challenge before the Administrative Appeals Tribunal of a Companies Auditors and Liquidators Disciplinary Board, (now CADB), decision of 11 May 2016
08/12/2017
50 years of UNCITRAL – and recollections from Bob Ellicott
At a lecture celebrating the 50th anniversary of UNCITRAL – the United Nations Commission on International Trade Law – a former Australian representative at UNCITRAL,
08/12/2017
Part IX debt agreement reforms also off to a Senate Committee
In ‘A one year bankruptcy or a 3 year debt agreement … what’s the catch?’ I foreshadowed reforms to Part IX debt agreements under the
07/12/2017
Legislative drafting – 2017 reliance on a 1901 precedent
Modern Commonwealth laws still rely on 1901 drafting precedents despite changes in the law over the last 116 years. As we all know, precedents are
07/12/2017
Vale CAMAC
Many will remember the Corporations and Markets Advisory Committee (CAMAC), and its predecessor CASAC. CAMAC produced many law reform reports over time at the request
01/12/2017
One year bankruptcy reform – submissions due by 31 January 2018
The government has put off its announced one year bankruptcy law until well into next year, asking for submissions by the end of January 2018.
30/11/2017
No, not the Royal Commission – long delayed banking reforms
Long delayed banking and financial institution reforms are being addressed in a Bill to enhance APRA’s ‘crisis management’ powers in relation to distressed or insolvent
30/11/2017
An alternative to parliamentary debate on a one year bankruptcy
With changes in our bankruptcy laws being delayed in parliament by more important debates on our marriage laws, an alternative opportunity for public debate is
28/11/2017
Legal Editing – rules for the citation of court judgments
The following rules for the citation of court judgments are adopted by Murrays Legal Commentary. The need to publicise them in this article, and invite
28/11/2017
An economic perspective on trends in start-ups, and -downs
The federal government’s Innovation Statement of 2015 contained some simplistic aims for the promotion of entrepreneurial activity from proposed changes to our insolvency laws. A
28/11/2017
