Do old emails ever die?
A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges were its intimidating and threatening…
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October 2019. It is an appeal…
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…
NZ insolvency practitioner costs recovery fees
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for the commencement of the co-regulatory…
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…
ASIC’s deterrence message – “no point just communicating this into the Fin Review”.
ASIC gave some useful insights before the recent Senate oversight hearing[1] on 13 September as to the reality of the effectiveness of its proposed and…
Use of referees in insolvency litigation
Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees and their lawyers in pursuing…
ASIC’s period of external scrutiny
The Australian Securities and Investments Commission is properly subject to parliamentary oversight, apart from the on-going scrutiny it receives from its various stakeholders. At least…
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. …
A liquidator found liable for breach of confidence and invasion of privacy
“To say there is bad blood between David Henderson and Robert Walker is an understatement. From the time Robert Walker was appointed liquidator of Property…
A legal ‘affront’ – the Chorley exception – has gone
In raising the fundamental equality of all before the law in the context of a lawyer's costs in their own court proceedings, the High Court…
Accountants’ insolvency code updated
A new standard for insolvency practitioners - APES 330 - has just been issued written in APESB's unique style and offering guidance on issues in…
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…
ASIC’s Corporate Plan 2019-2023 – Insolvency Practitioners
ASIC’s corporate plan 2019-2023 contains much detail about the various sectors it regulates and what regulatory approaches it is taking. This is a list of…
Winding up a company for $2,000?
A court has suggested that the minimum debt amount for which a creditor can proceed to apply to wind up a debtor before the court…