bankruptcy
Legislative drafting – 2017 reliance on a 1901 precedent
Modern Commonwealth laws still rely on 1901 drafting precedents despite changes in the law over the last 116 years. As ...
One year bankruptcy reform – submissions due by 31 January 2018
The government has put off its announced one year bankruptcy law until well into next year, asking for submissions by ...
An alternative to parliamentary debate on a one year bankruptcy
With changes in our bankruptcy laws being delayed in parliament by more important debates on our marriage laws, an alternative ...
QUT Law Review – a special issue on personal insolvency
Australia’s current major bankruptcy law reforms are necessarily informed by a range of academic and professional input, from here and ...
Bankruptcy remuneration challenge referred to mediation – Groll
Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees ...
Bankruptcy – for a whole 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 ...
Why does the Federal Circuit Court not have corporate insolvency jurisdiction?
This is not a plug for the Federal Circuit Court of Australia, which sits below the Federal Court, but it ...
Other constitutional restrictions on our politicians – treason, and bankruptcy
This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October ...
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out ...
The cost of a victim of crime in pursuing her own justice
The personal and financial suffering that a victim of a serious physical crime can go through, and the costs of ...
Financial failure, bankruptcy and mental ill health – 2019
There can be a connection between a person’s mental health and their financial distress. In business, one can feed off the ...
“The human importance of bankruptcy”
The significance of bankruptcy and the need for its law to be clear and predictable is emphasized in a recent judgment of the ...
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 ...
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 ...
The bankruptcy of Sir Garfield Barwick, Chief Justice of the Australian High Court – an example of a true ‘fresh start’
A significant aspect of our legal, social and political history has been revealed through a paper presented on the financial ...
Applying to be a bankruptcy trustee – part 2
The interest in this topic is such that some further issues must be explained, for the benefit of applicants and ...
The Culleton bankruptcy – part 3 – the appeal – decision reserved
On 27 January 2017, the Full Federal Court reserved its decision. It is to be given this week, on a date to ...
The Culleton bankruptcy – part 2
In my earlier commentary, I reported that Mr Rodney Norman Culleton had been made bankrupt by the Federal Court on ...
Regulator reports on the high standards of insolvency practitioners, but …
The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our ...
The Culleton bankruptcy
Mr Rodney Norman Culleton, a federal politician, was made bankrupt by the Federal Court on 23 December 2016: Balwyn Nominees Pty ...
QUT insolvency expertise
QUT is holding its international personal insolvency conference in Brisbane tomorrow and Friday – 8-9 September 2016 – with speakers ...
