General

Principles of Regulation of Insolvency Practitioners – an international standard

This comment was issued in October 2018; it is re-issued in May 2023, but not updated, for interest. The rather ...

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 ...

TIP – The Insolvency Portal

My 2022 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in ...

The proportion of insolvency practitioners who are women

Around the time of International Women’s Day and more generally there is often discussion about the low proportion of women ...

Major corporate collapses and the public interest – British Steel and more

The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are ...

Insolvency – some root and branch ideas

Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of ...

Does insolvency practice constitute a profession?

Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term ...

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 ...

Senate inquiry into unlicensed debt managers, credit repairers and payday lenders

The Senate Committee inquiry into debt management firms comes at an odd time, given pending regulation of such services by ...

New NZ Insolvency Code of Professional Conduct

RITANZ, the Restructuring Insolvency and Turnaround Association of New Zealand, has released its Code of Professional Conduct for its members, ...

Registers of insolvency practitioners – and the alternative register

Under the changes introduced by the Insolvency Law Reform Act 2016, public registers of liquidators and trustees are established, on ...

The reform of the intersection of trust and insolvency law – Killarnee

Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in ...

UK consultation on insolvency recovery and governance reforms

The UK government is consulting on law reform with a view to, in its words, “to improve the UK’s corporate ...

The breadth of the concept of justice – Australian Academy of Law

Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, ...

Release from bankruptcy of a deaf person

A deaf person, with some mental impairment, who was bankrupt was successful in having an objection to his discharge from ...

Mining company rehabilitation costs as contingent liabilities – Senate hearing

The question of how to account for outstanding rehabilitation costs of mining ventures was again before the Senate Environment and ...

Does Political Criticism of Judges Damage Judicial Independence?* a paper by Dyson Heydon

This is the title of a recent article written by Dyson Heydon AC QC on contempt of court, with a ...

Traill’s 17th Annual Practical Insolvency Conference – a preview

Courts and governments and industry bodies are no doubt trying to have their remaining pending decisions and announcements out in ...

Offence reporting in insolvency

In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any ...

Restrictions on failed entrepreneurs – 3 years, one, or none?

The current inquiries and debates about whether we should reduce our period of bankruptcy in Australia from three years to ...

Linc Energy’s insolvency disclaimer prevails over environmental demands

The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal ...

Some casual Friday comments on recent insolvency developments

This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes ...

One ship has berthed – the insolvency and trust law decision in Amerind

The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of ...

What’s bankruptcy all about?

Would you get out of bed in the morning, as an unsecured creditor of a bankrupt, for a dividend return ...