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
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