While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government and computer selected liquidators, bankruptcy,
Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees to the Inspector-General in Bankruptcy’s
Given the Attorney-General’s openness to “radical change” in the structure of Australian courts, one small but significant reform would be to revive the idea of
The most recent decision on insolvency practitioner independence confirms an ongoing trend of treating the fair-minded observer, whose view is determinative, of being more knowledgeable
ASIC’s 2016-2017 annual report has been released. The following comments focus on the report’s comments on ASIC’s oversight of liquidators at pp 66-68 of the
The Productivity Commission’s report – Shifting the Dial – is a valiant attempt to move us out of the comfort zones of many assumptions about
Australia’s new insolvency laws – introduced by the Insolvency Law Reform Act 2016 – are in place and the task is to understand and apply
I was pleased to have attended the recent book launch of A History of Australian Legal Education written by my colleague Professor David Barker. The
I am honoured to have been elected a director of the Australian Academy of Law at its AGM on 25 September 2017, having been a
This open debate, organised by the Australian Academy of Law, is the final in a series of three ethics-themed debates held in Sydney this year.
“The degree of civilization in a society can be judged by entering its prisons.”[1] I would not go so far as to say that some reactions to the government’s
This is not a plug for the Federal Circuit Court of Australia, which sits below the Federal Court, but it asks why it has not
R3 in the UK has commented on a recent OECD Report, about which we gave some views when it came out, in July 2017. As
This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October 2017, as to the eligibility
Codes of conduct need to remain in step with on-going changes in the commercial and business worlds in which they operate. Otherwise they lose their
It is good to see that that several reform issues raised in my and Jason Harris’ textbook, Keay’s Insolvency, appear in the government’s anti-phoenix paper
“close observation, especially of a suspected spy or criminal”: Oxford Dictionary. In relation to professional and industry regulation, as relevant, a website count of the
woodfer The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on 1 March 2017 with the
The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on 1 March 2017 with the remainder
On 25 September 2017, the annual “Patron’s Address” of the Australian Academy of Law is being given by his Excellency Judge James Crawford AC, SC,
With Australia’s new insolvency laws commencing this Friday 1 September, there is a late flurry of activity from the legislature to tidy up the Acts,
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out in relation to the priority
Comparing NZ insolvency law with Australia’s, in preparation for the BFSLA conference this week on 1 September 2017, the day that Australia’s new insolvency laws
The problems with managed investments schemes (MIS) have been well documented in recent times. A 2016 Senate Report into Agribusiness MIS addressed the collapse of
