Cross-border insolvency

Cross-border proof of an Australian bankruptcy

A certificate of appointment under Bankruptcy Regulation 8.02 in relation to a voluntary bankruptcy should generally be sufficient to support …

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 …

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 …

Questions of advantage and efficiency in assessing insolvency practitioner independence

In a further indication of the changing views of the judiciary in relation to the need for the independence of …

What’s up, or on, in insolvency, early in 2018?

The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in …

50 years of UNCITRAL – and recollections from Bob Ellicott

At a lecture celebrating the 50th anniversary of UNCITRAL – the United Nations Commission on International Trade Law – a …

International insolvency regulation – London 2017

The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 …

Protocol for International Recognition of Insolvency Proceedings Affecting Natural Persons

As INSOL International explains, this Protocol of June 2017 is a project that has been completed by members of the …

INSOL’s Statement of Principles for a Global Approach to Multi-Creditor Workouts

INSOL International has issued a second and updated edition of its Statement of Principles for a Global Approach to Multi-Creditor …

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 …

A Russian liquidation – part of “a long and abusive campaign on the part of the Russian Government”

Claims that the reinstated liquidation of a Russian company – DSL – was part of “a long and abusive campaign …

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 …

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 …

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 …

Liquidators working overseas – how are they regulated? INSOL Academics 18-19 March 2017

I am pleased to be presenting at the INSOL Academics’ Group Colloquium in Sydney, being held on 18 and 19 …

QUT Law – Current Issues in Insolvency Law: Global Perspectives – 24 March

The QUT Commercial and Property Law Research Centre is hosting international speakers and QUT academics at this session on Friday 24 March …

UNCITRAL’s 50 Years – Cross-border insolvency of corporate groups; recognition of insolvency judgments – UNCCA

A conference in celebration of the 50th anniversary of UNCITRAL was held in Brisbane on 2 December 2016. Among other …

Another new co-regulation regime for insolvency practitioners – NZ, following the UK and India

Just as India has introduced co-regulation of its new breed of insolvency practitioners, so has New Zealand acted on a …

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. …