commentary

Hanjin Shipping – an Australian perspective

The appointment of a receiver to the large South Korean Hanjin Shipping Line has had an impact in Australia, with ...

Insolvency practitioners’ duties of neutrality

Liquidators and administrators, and trustees, when their appointments are challenged, have a duty of neutrality, to provide relevant facts to ...

Another life insurance inquiry – respond by 18 November…..

The Parliamentary Joint Committee on Corporations and Financial Services is to report by 30 June 2017 on: the need for ...

Remuneration of liquidators: Idylic Solutions, Templeton revisited – more of the same?

Judges’ inconsistency of approach in determining the remuneration of corporate insolvency practitioners is continuing. The respective state and federal courts ...

Single touch payroll – on its way into law

The Senate Standing Committee on Economics has given a report on the Budget Savings (Omnibus) Bill 2016 and has endorsed the Bill’s ...

Consistency in judicial decisions – Marlborough Gold Mines revisited

A rather unsatisfactory situation is developing in the nation’s federal and state superior courts in their exercise of shared jurisdiction ...

Price signalling in corporate restructuring

In its major review of competition law, the government proposes to remove the price signaling provisions in the Competition and ...

Single touch payroll – disrupting the way things have been done

Single-touch payroll (STP) legislation was introduced into federal parliament on 31 August 2016 through the government’s Budget Savings (Omnibus) Bill ...

Gaps and weaknesses in our system of financial regulation

The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of ...

Consolidated version of the new Bankruptcy Act 1966

CCH is publishing a consolidated version of the Bankruptcy Act 1966 as amended by the Insolvency Law Reform Act 2016. ...

New Zealand – the outlier of international insolvency regulation

Australia and other countries will be relieved that New Zealand is again looking at licensing and regulating its insolvency practitioners. ...

A silver lining in the insolvency law reform delay

The unfortunate delay in the commencement of the substance of the insolvency law reforms for one year, to 1 September ...

The right to vote out under-performers – liquidators, politicians and ICAC

Insolvency practitioners are to be the subject to the same tenure arrangements as federal politicians, with creditors being able to ...

Latest Supreme Court Views on Liquidators’ Remuneration

A NSW Supreme Court judge has spoken about “liquidators’ preference for time-based remuneration, and courts’ scepticism of it” at a major ...

Insolvency reforms further delayed

The Australian government has decided that insolvency practitioners need more time to implement long awaited law reforms aimed at improving practitioners’ ...

Liquidators’ remuneration further explained …

Obviously with an eye on the ‘controversy’ over how to assess liquidator’s remuneration, at least in NSW, Justice Robb of that Supreme ...

Director identity numbers, and their frequent flyer equivalents

Among all the numerous recommendations the government has received about corporate insolvency reform, one has now been made three times ...

Singapore’s new debt restructuring regime – the steak knives are out

Competition between courts and the legal regimes in which they operate is perhaps an odd concept, contrary to the image ...

Gift cards, and Christmas hampers

  A report has just been issued in the UK by the Law Commission on the question of whether there ...

Concerns about liquidator misconduct hearings – no lawyer’s quibble

Concerns about the new processes to review the professional conduct of liquidators, and bankruptcy trustees, are discussed in light of ...

Queensland’s environmental protection “chain of responsibility” law – part 1

Queensland’s new chain of responsibility laws seek to broaden the legal scope of those who should be held accountable for ...

Launch of Keay’s Insolvency 9th ed, and a call for law reform

A call for a major overhaul of our insolvency laws was made by Michael Murray and Associate Professor Jason Harris ...

PRC Shipbuilding Disputes in London Arbitration: The Threat of Parallel Proceedings in China and the Consequences and Possible Alternatives

This article by Peter Murray and Lin Jiang examines the legal system in China and how on the one hand ...