A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed and legally non-compliant businesses. Are these
With Australia on the verge of introducing a one year period of bankruptcy, it is odd that no comparable reforms have been announced in relation
Our ’21st century’ corporate insolvency courts have reintroduced a 19th century rule requiring liquidators and others to place notices in ‘daily newspapers’ which ‘circulate’, and
Upon being told in 2102 by his accountant, D, that his company’s business activity statements had not been lodged for 5 years, since 2007, the
Australia’s current major bankruptcy law reforms are necessarily informed by a range of academic and professional input, from here and overseas. Papers from QUT’s major
The need for our laws to facilitate increasing climate change adaptations for Australia’s biodiversity was the subject of the winning essay for the annual prize
UNCITRAL’s Insolvency Working Group V is meeting in Vienna next month to discuss the preparation of guidance for directors of corporate groups in the
ASIC may not have meant it but comments to the recent PJC inquiry about ASIC’s “transformational industry funding” may raise some concerns. Mr Medcraft said,
Here are some selected snippets from the transcript of the PJC hearing oversighting ASIC, of 27 October 2017, the last for Mr Medcraft in his
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
