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
Protected: Statement of affairs in bankruptcy being revised
There is no excerpt because this is a protected post.
22/08/2018
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler at least when the question
20/08/2018
Proportions of bankruptcies – a factor of 8.8 in Australia, but only 3.4 in England and Wales
While waiting to see if Australia’s parliament decides to introduce a one year period of bankruptcy, down from the current three, a meander through some
20/08/2018
Guardianship and bankruptcy – NSW law reform report misses the point?
A father who suffered a debilitating stroke left his son with the legal difficulty, in a quagmire of state and federal laws, of trying to
20/08/2018
UK’s “small proportion of bankruptcies where there has been misconduct leading up to the individual’s insolvency”
With the Australian parliament about to decide on the reduction of the period of bankruptcy from three years to one, there is some adverse reaction
19/08/2018
Directors’ identities, their home addresses, and more
With Australia having just closed its consultation on allowing company directors to have a director identity number (DIN), it is useful to see the broader
18/08/2018
Gift card reform – “a GIFT, not an investment”? or “there should be NO expiry EVER”?
Federal Treasury has closed its public consultation on an exposure draft of the Competition and Consumer Amendment (Gift Cards) Bill 2018 and explanatory materials. Gift
17/08/2018
Bankruptcy Bills to become Law?
The draft legislation program for the Senate for next week commencing Monday 20 August 2018 lists, among other Bills, the Bankruptcy Amendment (Enterprise Incentives) Bill
17/08/2018
Amerind – special leave granted
The story goes that a Supreme or Federal Court that convenes a larger bench than usual to hear a matter of importance is like a
17/08/2018
One year bankruptcy and other changes – updated and corrected
[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13 August, we may see the
14/08/2018
Academy of Law – access to justice, free speech on campus, science v law
The second public debate held by the Australian Academy of Law in its series on Access to Justice was held on 26 July 2018. Meanwhile,
12/08/2018
Judicial inconsistency ‘should not be repeated’
The need for judicial consistency, between different appellate courts, was recently reiterated by the High Court in The Queen v Falzon,[1] in relation to the
10/08/2018