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ASIC’s 2018 annual report – insolvency, what to expect
07/10/2018
ARITA
industry bodies
industry notices
General
An interesting aspect of ASIC’s forthcoming 2018 annual report will be its review of the operation of the changes brought
Too poor to be made bankrupt?
24/09/2018
bankruptcy
poverty as a defence
sequestration
General
Most bankruptcies pay nothing to unsecured creditors. But there are only limited circumstances where a debtor can resist bankruptcy by
Unclaimed moneys in bankruptcies – the law reformed
24/09/2018
AFSA
unclaimed moneys
General
Articles
Those who are owed “unclaimed moneys” arising from a bankruptcy – for example a creditor whose dividend payment went astray
The bankruptcy of Lehman Bros – a mere coincidence
15/09/2018
APRA
Banks and banking law
Lehman Bros
General
Ten years ago, on 15 September 2008, Professor Rosalind Mason of QUT Brisbane and I gave a paper at the
NZ Insolvency Practitioners Bill – RITANZ submission
14/09/2018
New Zealand
RITANZ
General
Articles
The submission of RITANZ of 7 September 2018 on the proposed Insolvency Practitioners Bill presently before the NZ parliament raises
Ordinary course of post – now 7 days not 4
13/09/2018
ordinary course of post
General
Articles
Blog
Section 160 of the Commonwealth Evidence Act 1995 has been amended to change the day when posted letters are presumed to
International cross-border insolvency – an Australian diary
13/09/2018
Canada
Fletcher moot
INSOL
LAWASIA
Some selected diary items of interest to Australian readers, and others. September 2018 QUT Law – Dr Paul Omar
Insolvency and trust law – a legislative solution is needed regardless of the High Court’s views
12/09/2018
High Court
trading trusts
General
Articles
While the High Court no doubt gave special leave to appeal in Amerind under the statutory criterion of resolving legal
New Zealand insolvency practitioner reforms
03/09/2018
ARITA
RITANZ
General
Articles
Submissions on proposed major changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, closed on 24
Bankruptcy statement of affairs
31/08/2018
report as to affairs RATA
statement of affairs
General
Articles
The bankruptcy office – the Australian Financial Security Authority – is asking for comment on a revised form of “statement
Liquidators’ examinations – not the same judicial restraint in Australia as in England and NZ
29/08/2018
New Zealand
public examinations
General
Articles
As the Full Federal Court has just confirmed, an Australian liquidator may conduct a public examination of a prospective or
Linc Energy – High Court special leave hearing 14 September Brisbane
28/08/2018
environmental
special leave
Articles
Blog
The High Court is hearing the special leave application from the Queensland Court of Appeal decision in Linc Energy on
Keay’s Insolvency – a law reform launch
27/08/2018
Keay's Insolvency
General
Books and journals
Articles
The recent launch of the new 10th edition of Keay’s Insolvency prompted some pointed comments about the current insolvency system
Major insolvency reforms for the UK – elements of US Ch 11 and schemes
26/08/2018
pre-packs
UK Insolvency Code review
US Ch 11
General
The UK government has announced[1] major insolvency law reforms that would significantly advance the flexibility required for restructuring financially troubled
New family law court structure introduced into parliament
23/08/2018
family law courts
General
Articles
Blog
The Federal Circuit and Family Court of Australia Bill 2018 (FCFC Bill) and the Federal Circuit and Family Court of
Protected: Statement of affairs in bankruptcy being revised
22/08/2018
General
Articles
Blog
There is no excerpt because this is a protected post.
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
20/08/2018
special leave
trusts
General
Articles
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler
Proportions of bankruptcies – a factor of 8.8 in Australia, but only 3.4 in England and Wales
20/08/2018
bankruptcy
England and Wales
Statistics
Articles
While waiting to see if Australia’s parliament decides to introduce a one year period of bankruptcy, down from the current
Guardianship and bankruptcy – NSW law reform report misses the point?
20/08/2018
bankruptcy
guardianship
General
Articles
A father who suffered a debilitating stroke left his son with the legal difficulty, in a quagmire of state and
UK’s “small proportion of bankruptcies where there has been misconduct leading up to the individual’s insolvency”
19/08/2018
AFSA
bankruptcy restriction orders
Insolvency Service UK
one year bankruptcy
With the Australian parliament about to decide on the reduction of the period of bankruptcy from three years to one,
Directors’ identities, their home addresses, and more
18/08/2018
director identity number
New Zealand
General
Articles
With Australia having just closed its consultation on allowing company directors to have a director identity number (DIN), it is
Gift card reform – “a GIFT, not an investment”? or “there should be NO expiry EVER”?
17/08/2018
gift cards
New Zealand
General
Articles
Federal Treasury has closed its public consultation on an exposure draft of the Competition and Consumer Amendment (Gift Cards) Bill
Bankruptcy Bills to become Law?
17/08/2018
debt agreements
one year bankruptcy
General
Articles
The draft legislation program for the Senate for next week commencing Monday 20 August 2018 lists, among other Bills, the
Amerind – special leave granted
17/08/2018
trading trusts
General
Articles
Blog
The story goes that a Supreme or Federal Court that convenes a larger bench than usual to hear a matter
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