General
“with all due respect an exceptionally opaque process in changing important aspects of company law”
A judge is very critical of the “Henry VIII” process by which the commencement date of the Insolvency Law Reform ...
Rough bankruptcy justice all round …?
Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling ...
Contempt of court – “arguing for days on the exact length of the split in the hair”
Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations ...
What work was involved in this liquidation and why did it take the time and resources claimed?
A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff ...
Protected: ILRA precedents
There is no excerpt because this is a protected post.
The fees of insolvency lawyers – increased scrutiny under the new law
Liquidators and trustees in bankruptcy are more accustomed to seeing their own fees come under judicial scrutiny than the fees ...
Protected: The facts of the ethics hypothetical of the Academy of Law 4 April 2017
There is no excerpt because this is a protected post.
The Fletcher Moot – the winners, and the many honourable law student competitors
The Fletcher Moot 2017 was a significant organisational and educational achievement in the teaching of insolvency, in this case, the ...
Funding of ASIC’s insolvency regulation – what has the Attorney-General got to say?
Bills have been introduced into parliament to provide funding for ASIC’s regulation of the industries and professions it regulates. In ...
Insolvency law’s unfortunate ‘split commencement’
The unfortunate decision of the government to split the commencement date of the ILRA 2016 has created confusion, compounded by ...
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 ...
Senator John Williams – a driving force behind our insolvency reforms
Senator John Williams is familiar to us in the insolvency profession as the one politician who has had a particular ...
“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 ...
White collar crime – what’s the point?
The Senate has granted a further extension to the white collar crime committee to report by 23 March 2017. It ...
The Law in the Insolvency “Law” Reform Act 2016
The law has not been given much attention in the recent CLE and professional offerings on the new insolvency laws, with their ...
Egon Kisch and Albert Piddington
The name Egon Kisch may not be familiar to many but a recent talk given at an event held by ...
How the government decides on law reform …
Unlawful phoenix activity has been a subject of much consideration and recommendation over the years, with most recommendations ignored, and ...
Regulator reports on the high standards of insolvency practitioners, but …
The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our ...
The Culleton bankruptcy
Mr Rodney Norman Culleton, a federal politician, was made bankrupt by the Federal Court on 23 December 2016: Balwyn Nominees Pty ...
Review of APES 330 – Insolvency Services
When the Accounting Professional & Ethical Standards Board (APESB) updates APES 330 – Insolvency Services to take account of the new insolvency ...
A lesson in Chinese law from Donald Trump
President-elect Donald Trump is, apparently, litigious, with, it is said, at least 3500 in the US federal and state courts. ...
Is an ipso facto contract termination “unfair” on a small insolvent business?
New laws have commenced under the ASIC Act and Australian Consumer Law extending unfair contract term protections to small businesses. ...
Special purpose liquidators – merely a creditor’s whim?
Insolvency law has a mixed view of its liquidators. On the one hand they are said to be of the ...
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. ...
