independence

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 …