Cross-border insolvency – foreign judgments and enterprise groups
I earlier reported on my December 2016 attendance in Vienna, on behalf of LAWASIA, and UNCCA, on the two model laws that UNCITRAL Working Group
22/03/2017
Cross-border insolvency – recognition of insolvency judgments; enterprise groups – UNCITRAL Working Group V, Vienna 2016-New York 2017
I earlier reported on my attendance in Vienna, on behalf of LAWASIA, and UNCCA, the United Nations Commission on International Trade Law [UNCITRAL] session of Working
22/03/2017
Senator John Williams – a driving force behind our insolvency reforms
Senator John Williams is familiar to us in the insolvency profession as the one politician who has had a particular focus on the operation of
21/03/2017
INSOL Academics 2017
The INSOL Academics Colloquium was held over the weekend of 18-19 March 2017 in Sydney. The session covered a wide range of topics relevant to
20/03/2017
“Two issues of importance in insolvency practice” – holding DOCAs upheld; pre-appointment conflict claim rejected
What the WA Supreme Court described as the two issues of importance in insolvency practice were whether holding DOCAs (deeds of company arrangement) were a legitimate process
20/03/2017
Our new insolvency reforms … tired of waiting
I became tired of waiting for a government response to the commencement of the Insolvency Law Reform Act 2016 on 1 March 2017, and ….. zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.
16/03/2017
Unpaid super, again; single touch payroll; penalties, and more
The Senate Economics References Committee is conducting another inquiry into the problem of the non-payment of superannuation by employers of their employees’ superannuation. To state
16/03/2017
The decision in Sakr Nominees – keeping it in proportion
The NSW Court of Appeal has disposed of authority that sought to apply percentage based calculations to liquidators’ remuneration in particular cases. The Court has
10/03/2017
Appeal decision in Sakr Nominees – remuneration of liquidators
A test case decision in Sakr Nominees from the NSW Court of Appeal will be given tomorrow 9 March at 10.15am EST. In my commentary
08/03/2017
ASIC’s regulation of unlawful phoenix activity – report 513
ASIC’s latest enforcement report – REP 513 ASIC enforcement outcomes: July to December 2016 – says up front that it has a focus on “rogue
08/03/2017
Australia’s first/worst insolvency reforms in many years – but she’ll be right….
Australia has implemented its first major insolvency reforms in many years but rather than being seen as an achievement they are regarded by many as being
08/03/2017
Liquidators working overseas – how are they regulated? INSOL Academics 18-19 March 2017
I am pleased to be presenting at the INSOL Academics’ Group Colloquium in Sydney, being held on 18 and 19 March 2017. Its program is
08/03/2017
Liquidators as the last in line – the Insolvency Law Bulletin
In an article entitled “Last Man Standing” in the Insolvency Law Bulletin, I have addressed the question of regulators tending to impose liability or responsibility on
08/03/2017
QUT Law – Current Issues in Insolvency Law: Global Perspectives – 24 March
The QUT Commercial and Property Law Research Centre is hosting international speakers and QUT academics at this session on Friday 24 March 2017, at QUT Brisbane. The
07/03/2017
Ian Fletcher International Insolvency Law Moot Competition: grand final Friday 17 March, 3pm-5pm, Sydney
Chief Justice James Allsop of Australia, Lord Justice David Richards of England and the former Justice the Hon Allan Gropper of the United States will
04/03/2017
New insolvency laws now, with practitioners invited to implement some of the further new law before September
The first tranche of the changes effected by the Insolvency Law Reform Act 2016 commenced on 1 March 2017. The main changes address the two main
01/03/2017
New insolvency laws commencing 1 March – Q&A
This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in the new insolvency laws, commencing
28/02/2017
UK insolvency practitioners can F…. their Forms
While insolvency practitioners in Australia are anxiously waiting to find out what new forms they must fill in and tick boxes to lodge with the regulators,
25/02/2017
White collar crime – what’s the point?
The Senate has granted a further extension to the white collar crime committee to report by 23 March 2017. It was originally going to report
25/02/2017
“This does not inspire confidence” – the appointment of special purpose liquidators
Special purpose liquidators (SPLs) are becoming increasingly common. They are often appointed when a creditor prefers another liquidator to investigate certain matters, and when that
25/02/2017
The most useful and well researched and argued law reform report for many years – Phoenix Activity: Regulating Fraudulent Use of the Corporate Form
The most useful and well researched and argued law reform report for many years has been issued on what to do about unlawful company phoenix
23/02/2017
Beneficial ownership of companies – consultation
The government has released a consultation paper on improving the transparency of information on the beneficial ownership and control of companies. Comments are due by 13
23/02/2017
ASIC’s industry funding model – draft laws
Drafts of ASIC’s Supervisory Cost Recovery Levy Bill 2017 and related Bills have been released for comment, by 10 March 2017. Under these Bills, the
23/02/2017
Do you really want to renew your trustee registration under this new law?
It’s a matter for you but if you do, here is the application for renewal – form 31, from AFSA, an old fashioned print and
16/02/2017
