international

TIP – The Insolvency Portal

My 2018 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in …

UK consultation on insolvency recovery and governance reforms

The UK government is consulting on law reform with a view to, in its words, “to improve the UK’s corporate …

Some casual Friday comments on recent insolvency developments

This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes …

Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.

This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at …

Cleaning up after a failed miner – who pays: Part 2

This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event …

The wider context of the proposed one-year period of bankruptcy

Many less than 1% of bankrupts warrant an objection to discharge from their bankruptcy, trustees leave it til the last …

ASIC and one-year bankruptcy, AUSTRAC, a fees claim settled, and more …

The following further commentary on insolvency – submissions due, events and conferences and case law – may be of interest. …

What’s up, or on, in insolvency, early in 2018?

The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in …

Cleaning up after a failed miner – who pays?

The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining …

Vancouver 2018 – insolvency moots and conference – QUT and UBC

Following the success of the first Ian Fletcher International Insolvency Law Moot, held in Sydney in March 2017, the QUT …

50 years of UNCITRAL – and recollections from Bob Ellicott

At a lecture celebrating the 50th anniversary of UNCITRAL – the United Nations Commission on International Trade Law – a …

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 …

Safe harbour for directors of corporate groups? An UNCITRAL initiative

  UNCITRAL’s Insolvency Working Group V is meeting in Vienna next month to discuss the preparation of guidance for directors …

‘The International Court of Justice as a Working Court’ – Judge James Crawford

On 25 September 2017, the annual “Patron’s Address” of the Australian Academy of Law is being given by his Excellency …

OECD report – “low personal costs to entrepreneurial failure with high barriers to restructuring”

Economic analyses of insolvency in Australia are strangely limited, given that a major purpose of an insolvency regime is its support of …

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.  …

APES 110 – accountants, whistleblowers and safe harbour advisers to note

Increased professional obligations of accountants, and insolvency practitioners, to refer breaches of the law to the authorities, are being considered at …

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 …

World Bank Report on the Treatment of MSME Insolvencies

The World Bank has just released a report on small business insolvencies – Report on the Treatment of MSME Insolvency, …

INSOL’s Statement of Principles for a Global Approach to Multi-Creditor Workouts

INSOL International has issued a second and updated edition of its Statement of Principles for a Global Approach to Multi-Creditor …

Gift-cards resurrected

The 2016 “gift-card” report of the UK Law Commission examined whether there should be greater protection for consumers who lose …

Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts

This excellent review of insolvency practice in Japan provides an instructive perspective for those of us from Western legal traditions, …

How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company

An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees …

INSOL International – Special Report on Insolvency Practitioners’ Remuneration

INSOL International has just published a global review of how insolvency practitioners’ fees are assessed and approved across a range of jurisdictions, …