NSW mines and their potential environmental impacts
In the context of the recent intersections between environmental protection laws and insolvency laws, in relation to CORA laws and Linc Energy in Queensland, and Redwater
14/05/2017
APES 110 – accountants, whistleblowers and safe harbour advisers to note
Increased professional obligations of accountants, and insolvency practitioners, to refer breaches of the law to the authorities, are being considered at a meeting of the Accounting
12/05/2017
INSOL’s Directors in the Twilght Zone – Australia’s “medium risk” for its directors
INSOL International has released the 5th edition of its excellent review of the international laws regulating director conduct in the ‘twilight zone’ of a company’s financial
12/05/2017
World Bank Report on the Treatment of MSME Insolvencies
The World Bank has just released a report on small business insolvencies – Report on the Treatment of MSME Insolvency, 4 May 2017, (micro, small,
12/05/2017
Protected: ILRA precedents
There is no excerpt because this is a protected post.
10/05/2017
INSOL’s Statement of Principles for a Global Approach to Multi-Creditor Workouts
INSOL International has issued a second and updated edition of its Statement of Principles for a Global Approach to Multi-Creditor Workouts, launched at the recent
10/05/2017
Ethics in the practice of law: a profession, a business or both?
The Australian Academy of Law is holding its second ethics themed Sydney event on Tuesday 20 June 2017, on the question of the law as a profession
09/05/2017
The fees of insolvency lawyers – increased scrutiny under the new law
Liquidators and trustees in bankruptcy are more accustomed to seeing their own fees come under judicial scrutiny than the fees of their lawyers. Legal fees
08/05/2017
Government’s response to the 2015 Productivity Commission Report – “Business … closure”
That part of the Productivity Commission’s report on insolvency – or “closure” – was not one of its better efforts, though it was constrained by
08/05/2017
Funding personal and corporate insolvency regulation
ASIC and AFSA ASIC The funding of ASIC under the draft ASIC Supervisory Cost Recovery Levy Regulations 2017 by way of proposed levies on liquidators would
04/05/2017
Australian Academy of Law – legal education conference; legal ethics; essay prize; and more
The latest news from the Australian Academy of Law includes: The National Conference on Legal Education, on 11-13 August 2017, in Sydney, sponsored jointly by
04/05/2017
Gift-cards resurrected
The 2016 “gift-card” report of the UK Law Commission examined whether there should be greater protection for consumers who lose deposits or gift vouchers when
04/05/2017
Insolvency Law Amendment Bill 2017 (No 1?)
The government is proposing to amend only some of the insolvency law changes under the Insolvency Law Reform Act 2016 that have raised concern. The
04/05/2017
Unpaid super – just rounding up the usual suspects
A Senate Committee has produced yet another typical report that goes round in the usual circles of recommending the implementation of previous recommendations – director identity numbers,
03/05/2017
Japanese restaurant’s accountant liable for fair work breaches
The recent court finding that an accountancy firm was liable for contraventions of the Fair Work Act by its client, to which the firm provided payroll
03/05/2017
Freezing orders against alleged phoenixers
The Australian Taxation Commissioner has succeeded in having provisional liquidators appointed to alleged “phoenix” companies associated with a Philip Whiteman. The Commissioner’s case was that the
01/05/2017
Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts
This excellent review of insolvency practice in Japan provides an instructive perspective for those of us from Western legal traditions, although with familiar and settled
29/04/2017
Insolvency Law Bulletin – special law reform double issue
The latest Insolvency Law Bulletin (INSLB) is a special insolvency law reform double issue covering various aspects of the changes being introduced by the Insolvency Law
28/04/2017
How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company
An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees of a corporate adviser acting
28/04/2017
INSOL International – Special Report on Insolvency Practitioners’ Remuneration
INSOL International has just published a global review of how insolvency practitioners’ fees are assessed and approved across a range of jurisdictions, including Australia. The opening commentary
27/04/2017
Traill’s 16th Insolvency Conference 1-2 May – a wrap-up
A wide range of legal and practice issues concerning the current insolvency law changes under the Insolvency Law Reform Act 2016 were explained and discussed
27/04/2017
Insolvency disclaimer of orphan wells – Linc Energy compared
While Australia is pondering the quirk in its Constitutional referral of powers arrangements which has resulted in Queensland’s environmental protection law being found to prevail over
25/04/2017
MSME insolvencies – more on small business ‘exits’
My recent report explained that the insolvency of micro and small to medium enterprises (MSMEs) is to be the subject of consideration by Working Group V
21/04/2017
A Russian liquidation – part of “a long and abusive campaign on the part of the Russian Government”
Claims that the reinstated liquidation of a Russian company – DSL – was part of “a long and abusive campaign on the part of the
20/04/2017