Conferences and publications
Insolvency R&B law reform ideas
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt consider some root and branch…
Why didn’t someone do something? the obligation to whistleblow
There is a current focus on whistleblowing as being one means whereby unlawfulness can be controlled. But what can be a voluntary and sometimes difficult…
The Australian Academy of Law 2019 prizewinners
The Australian Academy of Law awards annual essay and other prizes. On 7 December 2019, the essay prize of $10,000 was awarded to Dr Ellen…
Dealing with MSE insolvency – UNCCA Australia
Earlier in December 2019, LLM candidate and graduate lawyer Samantha Pacchiarotta and final year law student Cassandra Heaslip attended Insolvency Working Group V's 56th session…
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise Ombudsman examines the financial difficulties…
Halifax – a cross-border insolvency
A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through a letter of request process,…
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code but no doubt included for…
Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports
The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter is next in the Federal…
Cross-border insolvency – the Canberra session
I was pleased to have been involved with others in giving a presentation on UN Day 24 October 2019 to commemorate 25 years of cross-border…
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws in the United Kingdom, the…
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and bad news - the good…
‘A good idea’ – assignment of a liquidator’s recovery rights
A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in a liquidation. The law concerning…
Climate change and the law
Here are details of two recent events on climate change and the law, followed by details of a range of other issues covered by Murrays…
Regulation of Australian insolvency practitioners – UK and NZ compared
I am pleased to be soon presenting to various groups on the regulation of Australian insolvency practitioners, with some comparisons with England and New Zealand.…
International Association of Insolvency Regulators’ Conference – 2019
Australia is attending and presenting at the annual insolvency regulators' conference, along with regulators from the UK, the US, New Zealand, Singapore and others. …
Democracy, Human Rights and the Judiciary: the common law and the wider world
The Australian Academy of Law is hosting a presentation by Sir Nicholas Blake on this Wednesday 4 September 2019, in Melbourne. Sir Nicholas is a…
Insolvency practitioner offence reporting – a need for reform
If liquidators in Australia are investigating and reporting to ASIC "thousands" of breaches of the law by those involved in insolvent companies each year, most…
ARITA’s 8 (plus?) point plan for insolvency law reform
One of the main insolvency professional bodies in Australia – ARITA[1] - has released what it calls its “8 point plan” to comprehensively review and…