Books, articles, commentary
“Two issues of importance in insolvency practice” – holding DOCAs upheld; pre-appointment conflict claim rejected
What the WA Supreme Court described as the two issues of importance in insolvency practice were whether holding DOCAs (deeds of ...
Our new insolvency reforms … tired of waiting
I became tired of waiting for a government response to the commencement of the Insolvency Law Reform Act 2016 on 1 March ...
Unpaid super, again; single touch payroll; penalties, and more
The Senate Economics References Committee is conducting another inquiry into the problem of the non-payment of superannuation by employers of ...
The decision in Sakr Nominees – keeping it in proportion
The NSW Court of Appeal has disposed of authority that sought to apply percentage based calculations to liquidators’ remuneration in ...
ASIC’s regulation of unlawful phoenix activity – report 513
ASIC’s latest enforcement report – REP 513 ASIC enforcement outcomes: July to December 2016 – says up front that it ...
Australia’s first/worst insolvency reforms in many years – but she’ll be right….
Australia has implemented its first major insolvency reforms in many years but rather than being seen as an achievement they are ...
Liquidators as the last in line – the Insolvency Law Bulletin
In an article entitled “Last Man Standing” in the Insolvency Law Bulletin, I have addressed the question of regulators tending ...
Ian Fletcher International Insolvency Law Moot Competition: grand final Friday 17 March, 3pm-5pm, Sydney
Chief Justice James Allsop of Australia, Lord Justice David Richards of England and the former Justice the Hon Allan Gropper ...
New insolvency laws now, with practitioners invited to implement some of the further new law before September
The first tranche of the changes effected by the Insolvency Law Reform Act 2016 commenced on 1 March 2017. The ...
New insolvency laws commencing 1 March – Q&A
This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in ...
UK insolvency practitioners can F…. their Forms
While insolvency practitioners in Australia are anxiously waiting to find out what new forms they must fill in and tick ...
The most useful and well researched and argued law reform report for many years – Phoenix Activity: Regulating Fraudulent Use of the Corporate Form
The most useful and well researched and argued law reform report for many years has been issued on what to ...
Beneficial ownership of companies – consultation
The government has released a consultation paper on improving the transparency of information on the beneficial ownership and control of ...
The Culleton bankruptcy – part 4 of 4 – and the effect of a “stay”
The end of this saga came on 10 February 2017, when the Full Federal Court made orders amending para 2 ...
Insolvency reforms – what to expect in the first few weeks
This explains what insolvency practitioners, and lawyers, may immediately confront in the first weeks or so of the new law, ...
Discipline process in insolvency — from 1 March 2017 – corporate
[a more detailed coverage] Replaces CALDB A discipline committee convened by ASIC under s 40-45 of the Corporations Schedule replaces ...
The new insolvency laws – what to expect in the first weeks
What will liquidators, trustees and lawyers, and the courts, immediately confront in the first weeks or so of the new law, ...
Assessing the insolvency regulators’ self-assessments – from tea and biscuits to zero tolerance
ASIC has released a report self-assessing itself, according to requirements of the Commonwealth Regulator Performance Framework: Report 511 ASIC self-assessment ...
Chains of responsibility – Queensland’s environmental protection law – part 2
The Queensland government has on 27 January 2017 issued a guideline under its new ‘chain of responsibility’ environmental protection legislation whereby ...
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 ...
Sakr Nominees – insolvency practitioner remuneration
The recent decision of Justice Black in PrimeSpace Property [2016] NSWSC 1821 (15 December 2016) might be seen by some ...
Talk about busy…
Murrays Legal just hit 100,000 words…..
