Books, articles, commentary
Government’s response to the 2015 Productivity Commission Report – “Business … closure”
That part of the Productivity Commission’s report on insolvency – or “closure” – was not one of its better efforts, ...
Insolvency Law Amendment Bill 2017 (No 1?)
The government is proposing to amend only some of the insolvency law changes under the Insolvency Law Reform Act 2016 ...
Unpaid super – just rounding up the usual suspects
A Senate Committee has produced yet another typical report that goes round in the usual circles of recommending the implementation of previous ...
Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts
This excellent review of insolvency practice in Japan provides an instructive perspective for those of us from Western legal traditions, ...
Insolvency Law Bulletin – special law reform double issue
The latest Insolvency Law Bulletin (INSLB) is a special insolvency law reform double issue covering various aspects of the changes being ...
How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company
An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees ...
INSOL International – Special Report on Insolvency Practitioners’ Remuneration
INSOL International has just published a global review of how insolvency practitioners’ fees are assessed and approved across a range of jurisdictions, ...
Insolvency disclaimer of orphan wells – Linc Energy compared
While Australia is pondering the quirk in its Constitutional referral of powers arrangements which has resulted in Queensland’s environmental protection law ...
MSME insolvencies – more on small business ‘exits’
My recent report explained that the insolvency of micro and small to medium enterprises (MSMEs) is to be the subject ...
Linc Energy – environmental law v insolvency law
“It is a simplistic statement but one that is necessary to emphasize: insolvency statutes … do not mesh very well with ...
Linc Energy – how not to regulate and enforce environmental laws
Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be ...
Micro and small to medium enterprises – what to do about their insolvency
With latest ABS data showing that Australia is primarily a nation of small business operators, largely successful, it is perhaps to ...
Directors and their safe harbour – how to get them to behave
An aim of the latest “safe harbour” insolvency reforms is to “drive cultural change” in company directors by encouraging them ...
Whistleblowing, as a means of professional regulation?
The use of whistleblowers in the regulation of tax and corporate law, and the bases for incentivizing and protecting them, are ...
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 ...
Memorandum of Understanding – AFSA and ARITA
The Inspector-General in Bankruptcy has announced that a memorandum of understanding has been entered into between AFSA and ARITA, dated ...
Funding of ASIC’s insolvency regulation – what has the Attorney-General got to say?
Bills have been introduced into parliament to provide funding for ASIC’s regulation of the industries and professions it regulates. In ...
Australian safe harbour and ipso facto reforms
Obviously prompted by my reporting of significant restructuring reforms in the EU, and my query as to the long delayed ...
Lifting the fear and suppressing the greed – a Senate committee report on penalties for white collar crime
A long awaited Senate committee report on penalties for white collar crime was issued on 23 March 2017 under the ...
Pre-insolvency or restructuring professionals – “Pifors”
At a conference held on 24 March by the QUT Commercial and Property Law Research Centre, a presenter, Dr Georg ...
Insolvency law’s unfortunate ‘split commencement’
The unfortunate decision of the government to split the commencement date of the ILRA 2016 has created confusion, compounded by ...
Cross-border insolvency – foreign judgments and enterprise groups
I earlier reported on my December 2016 attendance in Vienna, on behalf of LAWASIA, and UNCCA, on the two model ...
Cross-border insolvency – recognition of insolvency judgments; enterprise groups – UNCITRAL Working Group V, Vienna 2016-New York 2017
I earlier reported on my attendance in Vienna, on behalf of LAWASIA, and UNCCA, the United Nations Commission on International ...
INSOL Academics 2017
The INSOL Academics Colloquium was held over the weekend of 18-19 March 2017 in Sydney. The session covered a wide ...
