Books and journals

The Law of Bankruptcy Notices and Creditors’ Petitions, by Nicholas J Simpson, 2020 – a book review

This is a very good and topical Australian text, adequately and accurately described by its title.  My review of it …

Reinventing Bankruptcy Law – Virginia Torrie

This is a very good book on Canadian insolvency law, sadly with no equivalent in Australia, as I explain below. …

ATO’s right to garnishee – a “privileged position … likely to result in failed corporate rescue attempts”?

A recent article Getting the priorities right: ATO garnishee notices in times of corporate distress by Sylvia Villios and David …

Insolvency Law Bulletin – safe harbour, Tiger Resources, Virgin and who’s the employer

The latest Insolvency Law Bulletin contains a warning about the (then) ending on 24 September of the COVID-19 protections, now …

How is Australia’s safe harbour from insolvent trading working? some survey results

An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of …

Insolvency Law Bulletin – June 2020

The latest issue of the Insolvency Law Bulletin has just appeared containing a wide range of topics in personal and …

Feminist input to the theories of insolvency?

For those who would like to see how it is said that ‘feminist ideals’ are met in one or other …

UNCITRAL guidance on MSE insolvency – Insolvency Law Bulletin article

An article in the latest Insolvency Law Bulletin[1] reports on the progress of UNCITRAL Working Group V[2] in developing law …

The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?

A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although …

A not so simple fix for franchise insolvency?

The financial collapse of a franchisor can have a severe impact on its franchisees but a “simple fix” proposed to …

Three year ‘imprisonment’ for bankruptcy debt

Australia has historically been seen as severe in its approach to unpaid debt and opposition to changing the 3 year …

How low can we go – funding the insolvencies of assetless estates

Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a …

Insolvency R&B law reform ideas

While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt …

Halifax – a cross-border insolvency

A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through …

Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports

The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter …

The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement

This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws …

Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”

A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and …

‘A good idea’ – assignment of a liquidator’s recovery rights

A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in …

A bankrupt’s list of ‘personal’ assets

The law requires those people in bankruptcy to record their assets and liabilities in a ‘statement of affairs’. It is …

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 …

Law reform obituary – CAMAC 1983-2018

The Corporations and Markets Advisory Committee (CAMAC) was a corporate law reform body comprising individuals eminent in that field.  It …

Keay’s Insolvency – a law reform launch

The recent launch of the new 10th edition of Keay’s Insolvency prompted some pointed comments about the current insolvency system …