Law reform

QUT insolvency expertise

QUT is holding its international personal insolvency conference in Brisbane tomorrow and Friday – 8-9 September 2016 – with speakers ...

Price signalling in corporate restructuring

In its major review of competition law, the government proposes to remove the price signaling provisions in the Competition and ...

Single touch payroll – disrupting the way things have been done

Single-touch payroll (STP) legislation was introduced into federal parliament on 31 August 2016 through the government’s Budget Savings (Omnibus) Bill ...

Gaps and weaknesses in our system of financial regulation

The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of ...

A silver lining in the insolvency law reform delay

The unfortunate delay in the commencement of the substance of the insolvency law reforms for one year, to 1 September ...

The right to vote out under-performers – liquidators, politicians and ICAC

Insolvency practitioners are to be the subject to the same tenure arrangements as federal politicians, with creditors being able to ...

Latest Supreme Court Views on Liquidators’ Remuneration

A NSW Supreme Court judge has spoken about “liquidators’ preference for time-based remuneration, and courts’ scepticism of it” at a major ...

Insolvency reforms further delayed

The Australian government has decided that insolvency practitioners need more time to implement long awaited law reforms aimed at improving practitioners’ ...

Liquidators’ remuneration further explained …

Obviously with an eye on the ‘controversy’ over how to assess liquidator’s remuneration, at least in NSW, Justice Robb of that Supreme ...

Director identity numbers, and their frequent flyer equivalents

Among all the numerous recommendations the government has received about corporate insolvency reform, one has now been made three times ...

A lack of trust in the law of trusts

Joint liquidators had to apply to the court be appointed as receivers and managers of property held by them as ...

Singapore’s new debt restructuring regime – the steak knives are out

Competition between courts and the legal regimes in which they operate is perhaps an odd concept, contrary to the image ...

Gift cards, and Christmas hampers

  A report has just been issued in the UK by the Law Commission on the question of whether there ...

Concerns about liquidator misconduct hearings – no lawyer’s quibble

Concerns about the new processes to review the professional conduct of liquidators, and bankruptcy trustees, are discussed in light of ...

Queensland’s environmental protection “chain of responsibility” law – part 1

Queensland’s new chain of responsibility laws seek to broaden the legal scope of those who should be held accountable for ...

“when a company enters troubled waters” – the NZ approach to director conduct

While Australia considers how it should re-shape its insolvent trading laws, this June 2016 New Zealand decision illustrates how our ...

Convergence of insolvency frameworks within the European Union

In 2014 the EU determined upon a new approach to insolvency law, to which its member states were to aim. ...

Insolvency law reforms – no further delay …

In 2002, an eminent insolvency judge noted a drafting error in Ch 5 of the Corporation Act and recommended in ...

A list of international insolvency events and issues

As your correspondent attends insolvency gatherings in England and Belgium, he thought it useful to gather together some related events and ...

Liquidators’ remuneration – aren’t you all missing the point?

A proper funding model for the insolvency profession is needed, partly to end the interminable debate about the cost of ...

Joint regulator reports on insolvency practitioners?

What one lawyer has described as ASIC’s 50 page ‘reign of terror’ report on insolvency practitioners, based on its tone ...

Remuneration of liquidators – Sakr Nominees – 1 November hearing

Criticism of inconsistency in judicial decision making in determining the amount liquidators should be paid for the work they do ...

Our insolvency law reform – will it all end in tears?

While Australia has been debating for too long what law we should have to assist in the recovery of distressed businesses, both ...

Launch of Keay’s Insolvency 9th ed, and a call for law reform

A call for a major overhaul of our insolvency laws was made by Michael Murray and Associate Professor Jason Harris ...