Blog
One year bankruptcy and other changes – updated and corrected
[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13
Academy of Law – access to justice, free speech on campus, science v law
The second public debate held by the Australian Academy of Law in its series on Access to Justice was held
Judicial inconsistency ‘should not be repeated’
The need for judicial consistency, between different appellate courts, was recently reiterated by the High Court in The Queen v
Insolvency and the environment – some law reform suggestions
While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High
Bodies everywhere – the regulation of liquidators and trustees
One of the most unusual reforms introduced by Australia’s 2016 Insolvency Law Reform Act was to give a large number
A government liquidator, and more
Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of
Winding up a collective investment vehicle – submissions were due by 10 August
The publication of the 2015 book Insolvent Investments, edited by Stewart Maiden QC (LexisNexis), may have been a surprise to
The cost of unlawful phoenix activity – yep ….
PWC’s June 2018 report on the cost of phoenix activity – The Economic Impacts of Potential Illegal Phoenix Activity –
The Chorley exception – barristers included
This is a postscript to an earlier post about the Chorley exception, a legal rule that although self-represented litigants are
Consultation on director identity numbers – responses by 17 August 2018
In the 2018-19 Budget, the Australian government announced that it would modernise the Australian Business Register (ABR) and the ASIC
A bankrupt’s travel overseas
Australia is on the outer internationally in imposing restrictions on those who are bankrupt from travelling overseas; they are required
New Zealand’s changes to its insolvency laws
Proposed changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, are open for submissions until 24
Demands by liquidators – trying their luck, or “no ifs, buts or maybes”?
If anyone receives a letter from a liquidator of a company requesting, or demanding, important information, or payment of a
The perils of loud letters of demand
A creditor being paid its debt following a letter of demand can be a Pyrrhic victory, if the debtor ends
The Internationalisation of Directors’ Duties – Melbourne seminar – 30 July 2018
Directors of companies that trade overseas, and directors of subsidiaries of overseas companies, may have duties imposed upon them by
Fallout from a shipping trillision – Part 2
In Part 1 of this case report, the outcome of a three ship collision – a trillision – causing the
Structural weaknesses in the Model Law on Cross-Border Insolvency?
Cross-border insolvency law necessarily tries to ensure that insolvency proceedings about a debtor in different jurisdictions are co-ordinated and fully
Family law and bankruptcy – ‘creditors should be expected in these times to be aware’…
The Civil Law and Justice Legislation Amendment Bill 2017 is before parliament, one purpose of its many amendments being both
ASIC’s annual ‘Dashboard’ report
With the 2018 financial year over, government agencies need to prepare their annual reports, which, commonly, are becoming increasingly opaque.
ASIC’s fees – how high and counter-productive
The article in the Australian newspaper of 2 July 2018, although typically low-brow in its heading – how ASIC gouges
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
NZ insolvency practitioner co-regulation – new law proposed
In a forthcoming article, I examine an aspect of Australia’s new regime for the (over) regulation of insolvency practitioners, which
Australia’s insolvency regime (in administration) – ideas for its restructure
In my preparation for a panel discussion at the major AIIP Insolvency Conference in Canberra on the future of insolvency,
ASIC “pointing to scalps and easy wins … might satisfy a shallow media day” but …
In the appearance of ASIC before the House Economics Committee today, 22 June, inquiring into ASIC’s 2016-2017 annual report, Mr
