An extraordinary legal imposition on our Immigration Minister
The Daily Telegraph is right this time, it was an extraordinary finding by a court,[1] to expect our immigration politician Mr Dutton to have “engaged
25/07/2017
Seven Network v Harrison – costs orders and bankruptcy
The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment on how legal costs ordered
19/07/2017
International insolvency regulation – London 2017
The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 September 2017. Given its timing,
18/07/2017
England’s review of its insolvency code – independence, remuneration and more
The question of insolvency practitioner independence is important given the role of a company liquidator and bankruptcy trustee. Independence rules are being reviewed in England,
18/07/2017
NZ accountants’ new Code obligations, with Australia close behind
Accountants in New Zealand, including those who are insolvency practitioners, are from this week required to refer relevant breaches of the law committed by their
17/07/2017
Very leviable liquidators
In anticipating the funding bases for the government meeting ASIC’s costs of regulating insolvency practitioners (IPs), I wrote that there “should be some comfort taken from
17/07/2017
Melbourne Insolvency Forum Conference – Tokyo, Japan – 23-27 August 2017
An insolvency conference, said to be a Taste of Japan. There is a very good article in the International Insolvency Review entitled Appointing and Remunerating
13/07/2017
Director charades continued
After giving directors the benefit of protection from liability for insolvent trading, through the ‘safe harbour reforms’, the government has not required of directors that
12/07/2017
Protocol for International Recognition of Insolvency Proceedings Affecting Natural Persons
As INSOL International explains, this Protocol of June 2017 is a project that has been completed by members of the INSOL Small Practice Issues Committee.
11/07/2017
Getting rid of liquidators
While no-one in business likes losing a client or customer, usually, it happens all the time, as a matter of commercial choice. Insolvency practitioners –
10/07/2017
Advanced Business Law Conference – the major insolvency reforms: 3 October 2017
I am presenting at the Advanced Business Law Conference at the College of Law in Sydney on Tuesday 3 October 2017. My topic is what the
07/07/2017
Bankruptcy and mental incapacity
A son was obliged to ‘forum shop’ in order to assist his debt-laden father go into voluntary bankruptcy. The father had suffered a stroke leaving him with severe cognitive
06/07/2017
Law – a noble pursuit or a profit centre? The Australian Academy of Law’s second ethics debate
A lively debate between senior lawyers from the bar, the big firms, the regulator, and community legal centres was held on 20 June, with a
03/07/2017
Environmental and insolvency law – parallel appeals in Australia and Canada
Australia’s odd constitutional arrangements have allowed a State environmental protection law to prevail over Commonwealth insolvency disclaimer law, in Linc Energy Ltd (in Liq) [2017]
03/07/2017
Protected: Law reform fixes needed to ensure protection of trustees and liquidators
There is no excerpt because this is a protected post.
01/07/2017
Ordinary course of post – seven business days not four
Section 160 of the Commonwealth Evidence Act 1995 is proposed to be amended to change the day when posted letters are presumed to be delivered “in the
29/06/2017
Maritime review of the year
The Murrays Legal were pleased to attend the annual presentation at Norton Rose Fulbright on international maritime law developments given on 22 June 2017 by
28/06/2017
“with all due respect an exceptionally opaque process in changing important aspects of company law”
A judge is very critical of the “Henry VIII” process by which the commencement date of the Insolvency Law Reform Act 2016 has been deferred.
27/06/2017
Rough bankruptcy justice all round …?
Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling the bankruptcy. While the inevitable
26/06/2017
ASIC’s 2017 annual report – what to expect in insolvency regulation
Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains what work ASIC has been
25/06/2017
The AAT strikes back
Mr Dutton, the immigration minister, has been found wanting in refusing an application by a Mr Singh for a 6 week bridging visa, based upon his conviction
19/06/2017
Contempt of court – “arguing for days on the exact length of the split in the hair”
Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations of that law by judges
15/06/2017
Is “outrageous” too strong a term to describe some of our new insolvency laws?
The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but various provisions are being applied
15/06/2017
A safe harbour from our harsh insolvency laws?!
The “safe harbour” reform bill has been introduced into federal parliament to address directors’ “medium risk” of liability for insolvent trading. The reform represents a significant
15/06/2017