NOCLAR and insolvency practitioners
The NOCLAR obligations of accountants have now been highlighted in the context of the insolvency industry by way of a useful article appearing in the
03/04/2018
Fallout from a Trillision – a Three Ship Affair
Collisions happen. Occasionally the collision which occurs is more accurately termed an allision, where a ship has struck a stationary object. A three ship collision rarely
03/04/2018
Trust law reform – continued
As much as the issues raised in the decisions in both Amerind (Victorian Court of Appeal) and Killarnee (Federal Court) are important, and have created
02/04/2018
Liquidators’ knowledge of bankruptcy law?
Do aspiring liquidators working in corporate insolvency practitioners really have an issue with the need to have some ‘exposure’ to bankruptcy in their required 4,000
27/03/2018
New NZ Insolvency Code of Professional Conduct
RITANZ, the Restructuring Insolvency and Turnaround Association of New Zealand, has released its Code of Professional Conduct for its members, described as being “the fundamental
25/03/2018
Australian Insolvency Management Practice
The Australian Insolvency Management Practice of Wolters Kluwer/CCH was first published in 1985, at a time when insolvency law was under review by the Harmer
25/03/2018
Registers of insolvency practitioners – and the alternative register
Under the changes introduced by the Insolvency Law Reform Act 2016, public registers of liquidators and trustees are established, on which disciplinary proceedings are to
24/03/2018
Contempt of newspapers
Mr Dyson Heydon has had his useful views about political criticism of judges’ decisions published in what is known as the Murdoch press, the Australian
21/03/2018
The reform of the intersection of trust and insolvency law – Killarnee
Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in Killarnee, [2018] FCAFC 40, there
21/03/2018
A one year bankruptcy or a 5 year debt agreement – Senate recommendations
The reports of the Senate Legal and Constitutional Affairs Committee on the one-year bankruptcy (BAEI Bill) and the debt agreement bill (BADAR Bill)[1] have accepted
21/03/2018
UK consultation on insolvency recovery and governance reforms
The UK government is consulting on law reform with a view to, in its words, “to improve the UK’s corporate governance framework to ensure the
21/03/2018
The breadth of the concept of justice – Australian Academy of Law
Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, based on the theme of
21/03/2018
Release from bankruptcy of a deaf person
A deaf person, with some mental impairment, who was bankrupt was successful in having an objection to his discharge from bankruptcy cancelled. The objection was
20/03/2018
Mining company rehabilitation costs as contingent liabilities – Senate hearing
The question of how to account for outstanding rehabilitation costs of mining ventures was again before the Senate Environment and Communications References Committee on 7
18/03/2018
Does Political Criticism of Judges Damage Judicial Independence?* a paper by Dyson Heydon
This is the title of a recent article written by Dyson Heydon AC QC on contempt of court, with a particular focus on the validity
17/03/2018
The Federal Court and the Constitution – public lecture, 15 March, Canberra
A free public lecture on the Federal Court and the Constitution is being given at the ANU on this Thursday 15 March from 5.30 to
12/03/2018
Traill’s 17th Annual Practical Insolvency Conference – a preview
Courts and governments and industry bodies are no doubt trying to have their remaining pending decisions and announcements out in time to be included in
12/03/2018
Offence reporting in insolvency
In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any particular views or conclusions; or
12/03/2018
Restrictions on failed entrepreneurs – 3 years, one, or none?
The current inquiries and debates about whether we should reduce our period of bankruptcy in Australia from three years to one have revealed some lack
11/03/2018
Linc Energy’s insolvency disclaimer prevails over environmental demands
The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal and policy tension between insolvency
09/03/2018
Some casual Friday comments on recent insolvency developments
This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes (Amerind) has now been decided,
02/03/2018
One ship has berthed – the insolvency and trust law decision in Amerind
The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of indemnity is to be dealt
28/02/2018
What’s bankruptcy all about?
Would you get out of bed in the morning, as an unsecured creditor of a bankrupt, for a dividend return of 0.83 cents in the
26/02/2018
Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at least five recent events relevant
25/02/2018