Insolvency Law Reform

Australian insolvency law – current reforms

As in many countries, general elections put law changes and reform on hold pending the new government’s decisions on pending …

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 …

Farmers’ debts – ‘sit down at a table and work it out, and walk away, alive’

Preventing the appointment of receivers to ‘family farms’ and using farm debt mediation instead seems to be an idea that …

QUT Law Review – a special issue on personal insolvency

Australia’s current major bankruptcy law reforms are necessarily informed by a range of academic and professional input, from here and …

Bankruptcy – for a whole year?!

“The degree of civilization in a society can be judged by entering its prisons.”[1] I would not go so far as to say that …

Why does the Federal Circuit Court not have corporate insolvency jurisdiction?

This is not a plug for the Federal Circuit Court of Australia, which sits below the Federal Court, but it …

Insolvency Law Reform Act – some real legislation errors

woodfer The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on …

The new insolvency laws – their benefits

The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on 1 …

Amerind and Killarnee – ships in convoy, or on a collision course?

Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out …

What’s on …. insolvency and related conference and seminars 2017 into 2018

A list of conferences for the rest of the year, into 2018 in some of which one or other of …

Speech by Justice Black on Insolvency Law

In a speech given to ARITA’s conference on 9 August 2017, Justice Ashley Black of the NSW Supreme Court has …

Banks in [financial] crisis; dispute resolution; farm debt mediation, and more

My preparation for a major banking and financial services conference[1] has prompted this quick review of where Australia is at …

NZ accountants’ new Code obligations, with Australia close behind

Accountants in New Zealand, including those who are insolvency practitioners, are from this week required to refer relevant breaches of …

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 …

“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 …

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 …

A safe harbour from our harsh insolvency laws?!

The “safe harbour” reform bill has been introduced into federal parliament to address directors’ “medium risk” of liability for insolvent trading.  …

A New Zealand Ponzi – the final outcome of McIntosh v Fisk

The second report of the NZ insolvency working group had deferred consideration of the application of the voidable transactions regime …

NZ insolvency reform – gift cards, director identity numbers, voidable transactions, Ponzi schemes, and more

New Zealand does well in its insolvency law reform, partly assisted by not being a federation (no Linc Energy surprises), …

INSOL’s Directors in the Twilght Zone – Australia’s “medium risk” for its directors

INSOL International has released the 5th edition of its excellent review of the international laws regulating director conduct in the ‘twilight …

Government’s response to the 2015 Productivity Commission Report – “Business … closure”

That part of the Productivity Commission’s report on insolvency – or “closure” – was not one of its better efforts, …

Insolvency Law Bulletin – special law reform double issue

The latest Insolvency Law Bulletin (INSLB) is a special insolvency law reform double issue covering various aspects of the changes being …

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 …

Directors and their safe harbour – how to get them to behave

An aim of the latest “safe harbour” insolvency reforms is to “drive cultural change” in company directors by encouraging them …