The exploitation of cleaners
The Senate Education and Employment References Committee is to conduct an inquiry into the exploitation of general and specialist cleaners working in retail chains for
22/06/2018
Review of ASIC’s Annual Report 2016-2017 – 22 June 2018
The House Standing Committee on Economics is conducting an inquiry into ASIC’s 2017 annual report, this Friday 22 June, in Canberra. An inquiry report on
17/06/2018
The government is really serious this time – law reform protecting employee entitlements
Following the government’s public consultation process on the Reforms to address corporate misuse of the Fair Entitlements scheme consultation paper in 2017, an exposure draft
12/06/2018
Registration of a liquidator, on conditions – Mansfield
The AAT has confirmed that a corporate insolvency practitioner’s ‘exposure’ to bankruptcy as being one criterion required to be met for liquidator registration, means what
08/06/2018
No responsibility for the folly of her purchase …’They knew I couldn’t afford it’.
Craig Emerson has pointed out that, despite the stories coming from the Banking Royal Commission, ‘not every poor decision of a customer is the bank’s
08/06/2018
Bankruptcy by the hour
The ‘median’ hourly rates for trustees in bankruptcy are from $470 to $600, according to the Australian Financial Security Authority, with outlier rates potentially well
07/06/2018
Questions of advantage and efficiency in assessing insolvency practitioner independence
In a further indication of the changing views of the judiciary in relation to the need for the independence of insolvency practitioners, the Federal Court
06/06/2018
Review of insolvency practitioner regulation
A review of aspects of the disciplinary process for insolvency practitioners that was introduced by the Insolvency Law Reform Act 2016 is being conducted. That
02/06/2018
The tax stories – history regurgitates
Australia’s new 2017 insolvency laws – described by one respected academic as the worst insolvency reforms he has seen in 30 years, and by another,
31/05/2018
Access by victims of crime to the perpetrator’s superannuation
Just as moneys in a bankrupt’s superannuation fund can in certain cases be used to pay their creditors, under the Bankruptcy Act, so too would
28/05/2018
Beautifully written analysis of a single word in the English language
Beautifully written judicial analysis of language from Justice Jonathan Beach in ASIC v Westpac (No 2) [2018] FCA 751 [references added]. Fifth, let me now
26/05/2018
Ponzi investigations and their cost
Free liquidator investigations into failed Ponzi schemes are raised as an idea in a New Zealand government discussion paper on proposals to deal with the
26/05/2018
Bankrupt parliamentarians – ok or not?
At a time when the government has a Bill before Parliament to reduce the period of bankruptcy from three years to one, partly in order
23/05/2018
One pre-packaged insolvency – coming up
An option for a quick resolution of an insolvent business is its quick pre-packaged exit, and transfer of assets to a new owner, avoiding the
13/05/2018
by how much could we reduce white collar crime by imposing 30 year jail sentences? “Zero”.
The Honest Politician’s Guide to Crime Control never went into to a second edition, and it may by now be out of print. I studied
07/05/2018
Insolvency law update – May 2018
This is one of my regular updates on where things are at in the insolvency law and practice world in Australia – one year bankruptcy,
05/05/2018
Cross-border regulation of insolvency practitioners
The Insolvency Law Reform Act 2016 introduced a stronger regulatory regime over insolvency practitioners. It may not have been noticed that this new law went
27/04/2018
A contradictor in Mossgreen for the appeal hearing on 17 April
M: … An argument is a connected series of statements intended to establish a proposition. … Contradiction is just the automatic gainsaying of anything the
13/04/2018
Insolvency conferences, talks, books, articles and court hearings
We here at Murrays Legal are notified of many things happening or coming up – conferences, talks, books, articles, and court hearings and events. Here
13/04/2018
Linc Energy’s insolvency, environmental and constitutional issues are off to the High Court
The filing of a High Court special leave application[1] from the decision in Linc Energy[2] concerning the rights of liquidators to disclaim environmentally damaged land
12/04/2018
Judicial digs
The judgments of some judges are worthwhile reading for reasons apart from their legal content. Justice John Logan of the Federal Court is one.[1] Family
09/04/2018
A liquidator’s ‘overbearing approach’ did not pay
A “ham-fisted” response by a liquidator to an application by a director to terminate the liquidation of his company, has resulted in a substantial reduction
08/04/2018
Modern justice – exploring beyond the edge of the known legal world
A recent article by Mr Ken Hayne has offered a strong critique of many aspects of the justice system in Australia, and the way that
06/04/2018
Imprisoning bankrupts
AFSA as the bankruptcy regulator has reported[1] on ‘tougher’ prosecution Instructions [2] issued by the Commonwealth Director of Public Prosecutions (CDPP) for a bankrupt failing
04/04/2018