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