Voluntary administrators removed as NZ interim liquidators of debtor on independence grounds

Following the appointment by the New Zealand High Court of Australian voluntary administrators of Probis as New Zealand interim liquidators

ASIC v Jones [GD Pork] – insolvency practitioner independence and pre-insolvency advice

A court decision concerning insolvency practitioner independence and pre-insolvency advice usefully raises issues recommended for law reform review by the

Insolvency practitioner independence – how commercial is the fair-minded observer?

A pending WA appeal decision may address the issue of the extent to which commercial considerations surrounding the appointment of

Relationships of a liquidator and conflicts of interest

A general purpose liquidator has been found to have had a conflict of interest because a former legal adviser to

Judicial Impartiality and the Law on Bias

The Australian Law Reform Commission’s 600 page report on judicial impartiality – Without Fear or Favour: Judicial Impartiality and the

Judicial Impartiality Final Report – still under wraps

The Australian Law Reform Commission handed its Judicial Impartiality Final Report to the Attorney-General, Senator Michaelia Cash on 6 December

High Court confirms principles of judicial independence

The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in

Apprehensions of the fair-minded lay observer – a law reform review of judicial impartiality

The Australian Law Reform Commission has been asked to undertake a review of the laws relating to impartiality and bias

The potential for conflicts of interest in professional co-regulation

Referrals to a disciplinary committee of two senior insolvency practitioners with connections prompt my further explanations of Australia’s insolvency practitioner

Too much independence? a re-issue of my 2016 commentary

My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in

Some views on ASIC v Wily & Hurst

The views of Justice Brereton of the NSW Supreme Court have not prevailed following the decision by the High Court

‘Your place or mine, and for how long?’ – a lack of judicial independence

We might have noticed that courts in Australia and indeed in most comparable countries are usually housed in their own

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

Insolvency practitioner independence – a ‘fair-minded’ or ‘uncharitably-minded’ assessment

The most recent decision on insolvency practitioner independence confirms an ongoing trend of treating the fair-minded observer, whose view is

A case of ‘just in case’ – Network Ten

The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company

Is “outrageous” too strong a term to describe some of our new insolvency laws?

The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but

“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

New Zealand Voluntary Administration Law – an independence challenge to the administrators

“Pre-appointment work, including involvement in the drafting of a proposed deed of company arrangement, is not unusual in the corporate