ALRC

Judicial Impartiality Final Report – still under wraps

The Australian Law Reform Commission handed its Judicial Impartiality Final Report to the Attorney-General, Senator Michaelia Cash on 6 December …

A recusal application dismissed; ALRC report on Judicial Impartiality awaited

Justice Steven Rares of the Federal Court of Australia has rejected an application to recuse himself from hearing a matter …

An insolvency law reform inquiry? first things first….

The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian …

Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads

Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC  – held …

Apprehensions of the fair-minded lay observer – a law reform review of judicial impartiality

The Australian Law Reform Commission has been asked to undertake a review of the laws relating to impartiality and bias …

Australia’s litigation funding market a ‘global hotspot for international investors … many based in tax havens and with dubious corporate histories’ with returns of ‘more than 500%’

The tone and findings of this 454 page report by the Parliamentary Joint Committee on Corporations and Financial Services – Litigation …

NZ’s measured review of class actions and litigation funding, noting Australia’s ‘polarised’ debate

The New Zealand Law Commission has commenced a 2 year inquiry into litigation funding and class actions, right at the …

Corporate Criminal Responsibility – final ALRC report

The Australian Law Reform Commission report, Corporate Criminal Responsibility (ALRC 136), was tabled in Parliament on 31 August 2020. The …

Insolvency litigation funding – too much hand-holding?

A joint parliamentary inquiry into class actions and litigation funding has set down public hearings throughout July 2020.[1] The inquiry …

Impact of the Jackson reforms on insolvency litigation in the UK

An April 2020 report in the UK by Professor Peter Walton on the impact of the ‘Jackson’ legal costs reforms …

The new law’s limitations in controlling phoenix misconduct

The new anti-phoenix laws, so welcomed in certain quarters, will come up against some business and personal behaviours that are …

Insolvency data sharing and access?

A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion …

Disclaimer of litigation funding agreement

While a trustee was ready to continue the bankrupt’s litigation claim, he was not willing to use the bankrupt’s litigation …

The Future of Australian Law Reform – the five top priorites?

The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on …

Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports

The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter …

Corporate phoenixing – a crime?

The Australian Law Reform Commission has released a Discussion Paper addressing a number of aspects of its reference on corporate …

Litigation funding – ASIC’s submission to the ALRC

ASIC’s submission[1] to the Australian Law Reform Commission on class actions and litigation funding seemed to be a surprise to …

Litigation funding of liquidators – the ALRC inquiry

The current law reform inquiry into class actions and their funding may also need to look at the funding of …

The breadth of the concept of justice – Australian Academy of Law

Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, …