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 …
