Law reform

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 …

by how much could we reduce white collar crime by imposing 30 year jail sentences? “Zero”.

The Honest Politician’s Guide to Crime Control never went into to a second edition, and it may by now be …

The reform of the intersection of trust and insolvency law – Killarnee

Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in …

A one year bankruptcy or a 5 year debt agreement – Senate recommendations

The reports of the Senate Legal and Constitutional Affairs Committee on the one-year bankruptcy (BAEI Bill) and the debt agreement …

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 …

The breadth of the concept of justice – Australian Academy of Law

Consistent with its objects, the Australian Academy of Law held a series of three public debates in 2017, in Sydney, …

Restrictions on failed entrepreneurs – 3 years, one, or none?

The current inquiries and debates about whether we should reduce our period of bankruptcy in Australia from three years to …

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 …

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 …

The tragic personal consequences of the collapse of Banksia securities

This does no more than set out the opening paragraphs of Justice Clyde Croft’s judgment of 16 February 2018 about …

Cleaning up the law – WA’s old diamond and other mines

The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up …

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. …

Ensuring employees’ super gets paid

The term ‘pussyfooting’ comes to mind when looking at the government’s proposed new ‘tough’ approach to employees’ unpaid super contributions …

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 …

Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018

The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a …

Moving in together – personal and corporate insolvency law and policy

Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law …

Pending insolvency law and practice changes

Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send …

The end of safe harbour?

Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends.   While the …

Debt agreement reform remains under parliamentary wraps

Although listed for tabling in parliament this year, the Bankruptcy Amendment (Debt Agreement Reform) Bill 2017 did not quite make …

Part IX debt agreement reforms also off to a Senate Committee

In ‘A one year bankruptcy or a 3 year debt agreement … what’s the catch?’ I foreshadowed reforms to Part …

Vale CAMAC

Many will remember the Corporations and Markets Advisory Committee (CAMAC), and its predecessor CASAC.  CAMAC produced many law reform reports …

One year bankruptcy reform – submissions due by 31 January 2018

The government has put off its announced one year bankruptcy law until well into next year, asking for submissions by …

An economic perspective on trends in start-ups, and -downs

The federal government’s Innovation Statement of 2015 contained some simplistic aims for the promotion of entrepreneurial activity from proposed changes …