Law reform
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 ...
‘A one year bankruptcy or a 3 year debt agreement … what’s the catch?’
With Australia on the verge of introducing a one year period of bankruptcy, it is odd that no comparable reforms ...
“in a daily newspaper circulating generally”
Our ’21st century’ corporate insolvency courts have reintroduced a 19th century rule requiring liquidators and others to place notices in ...
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 ...
Guerilla tactics needed against phoenix misconduct
While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government ...
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 ...
Where’s an economist when you need one?
R3 in the UK has commented on a recent OECD Report, about which we gave some views when it came ...
Other constitutional restrictions on our politicians – treason, and bankruptcy
This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October ...
Codes of conduct
Codes of conduct need to remain in step with on-going changes in the commercial and business worlds in which they ...
Keay – phoenix reforms
It is good to see that that several reform issues raised in my and Jason Harris’ textbook, Keay’s Insolvency, appear ...
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 ...
A case of ‘just in case’ – Network Ten
The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company ...
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 ...
Protected: Ipso facto retrōspecto? No
There is no excerpt because this is a protected post.
Safe harbour – some inherent behavioural issues to overcome
While the new safe harbour law[1] is the end result of some years of torturous debate, still on-going, it is ...
Banking & Financial Services Law Association Conference – 31 August-2 September
The Banking and Financial Services Law Association is holding its annual conference in Brisbane on 31 August-1 September 2017, in ...
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 ...
International insolvency regulation – London 2017
The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 ...
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 ...
Director charades continued
After giving directors the benefit of protection from liability for insolvent trading, through the ‘safe harbour reforms’, the government has ...