safe harbour

Australia’s safe harbour protection from insolvent trading liability, continued

The report on Australia’s safe harbour protection for directors (s 588GA) from what is said to be our strict insolvent …

Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much

The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released, …

Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]

The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA, …

Is Australia’s insolvency safe harbour protection working – who knows?

The 2 year review of Australia’s safe harbour protection for directors, due from the government over a year ago, never …

Choosing practitioners to administer Australian MSME insolvencies

The Australian government is presently finalising its draft SME insolvency law reform proposals.  Apart from getting the law right, as …

Mainzeal’s NZ$36m reckless trading appeal pending; bankruptcy of director deferred

Liquidators of Mainzeal with a NZ$36m judgment for reckless trading against the company’s directors have failed in an attempt to …

How is Australia’s safe harbour from insolvent trading working? some survey results

An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of …

Review of Australia’s insolvency safe harbour – s 588GA

Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the …

An insolvency safe harbour in New Zealand?

As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand …

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 …

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 …

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 …

Are accountants professionally restricted in advising directors on safe harbour?

A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed 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 …

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 …

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 …

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.  …

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, …

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 …

Law reform – a carve-out from directors’ insolvent trading liability, with a change in their culture in return

The draft ‘safe harbour’ provisions proposed by the government offer directors two advantages in what must be their genuine attempts …

Australian safe harbour and ipso facto reforms

Obviously prompted by my reporting of significant restructuring reforms in the EU, and my query as to the long delayed …