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The ‘powerhouse’ of small and medium enterprises and their recovery ‘boosted’ by our new insolvency laws

Interesting to know from what [limited] bases journalists get their views … ‘Finally, a fair go for small suppliers’, R …

Insolvency protections extension to 31 December 2020

The Corporations and Bankruptcy Legislation Amendment (Extending Temporary Relief for Financially Distressed Businesses and Individuals) Regulations 2020 serve to extend …

Protected: Australian Insolvency Losers System (in vol admin) – commercial in confidence

There is no excerpt because this is a protected post.

Too much independence? a re-issue of my 2016 commentary

My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in …

Review of Australia’s insolvency safe harbour – s 588GA

Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the …

Democracy, Human Rights and the Judiciary: the common law and the wider world

The Australian Academy of Law is hosting a presentation by Sir Nicholas Blake on this Wednesday 4 September 2019, in …

Cafés and restaurants – at a tipping point, in 2018, and now?

In light of current (July 2019) reports about restaurants’ tax [non] compliance, my article of a year ago, 15 July …

Keay’s Insolvency – note from the authors – progressive updates since publication

As the authors of Keay’s, and in order to assist readers, we propose to make brief reference to law changes …

ASIC’s review of liquidators for 2017-2018 – continued fall in complaints

This ASIC Report 610 has been released, with some interesting points to note, and questions raised. It largely expands on …

Bills subject to scrutiny

That a bill is introduced into parliament after an extensive period of community consultation does not necessarily mean that it …

Litigants in person – issues for judges

Judges have to be careful about making public statements on current issues that may allow claims of bias. There can …

The Hayne Report – lessons for lawyers – Australian Academy of Law event

The relevance of the ‘Hayne Report’ for the legal profession is the subject of the first of the Australian Academy …

Director identity number bill now before parliament

A number of bills broadly concerning the registers of information held by the Commonwealth have been referred to the Senate …

Building security of payment laws – the impact of the claimant’s insolvency

Now that we have some consistent security of payment laws across the states and territories protecting building sub-contractors, there is …

Litigation ‘for the benefit of creditors’ – really?

How much do unsecured creditors receive out of a liquidation or bankruptcy from any ‘successful’ judgment obtained by the liquidator …

The future of the insolvency ‘profession’

I was pleased to have given a presentation on the future of the insolvency profession, at Griffith University’s excellent Professional …

Insolvency administrator’s lack of attention to the sale of complex assets

A UK insolvency administrator has been found to have acted in breach of his duties to a broadcasting company, some …

Coshott – a field of study?

Robert Gilbert Coshott was made bankrupt on 7 November 2008: see Shipton Lodge Cobbitty Pty Ltd v Coshott (No.2) [2008] …

Last minute attempts to avoid a business being liquidated

When directors appoint a voluntary administrator the day before their company is before the court on a creditor’s winding up …

Practitioner’s bankruptcy registration cancelled, and liquidator registration indefinitely suspended

A bankruptcy disciplinary committee has issued its reasons for deciding to cancel the registration of a trustee in bankruptcy, based …

Hayne Report – banks and receivers and agricultural enterprises

The Hayne Royal Commission declined to examine the conduct of receivers appointed by banks, in particular over agricultural enterprises. Nevertheless, …

The costs and time in administering justice

Newspaper analyses of the work of judges by reference to numbers of matters heard, words written and time taken can …

Bad timing? or will Euclid save the day?

Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and …

Trends in personal insolvency given to Senate committee

Representatives of the personal insolvency law administrator – AFSA – appeared on 24 January 2019 before the Economics References Committee …