Costs against ASIC in its [“illegal phoenix activity”] claim against a liquidator
ASIC has been unsuccessful in resisting a costs order against it in its “illegal phoenix activity” proceedings against a liquidator following Justice Greenwood's earlier judgment…
Peak indebtedness and other insolvency law views from New Zealand
The decision of the Full Federal Court in Badenoch Integrated Logging v Bryant[1] agreeing with New Zealand’s view about the “peak indebtedness rule” that favoured…
Deregistered companies – UK reforms and some Australian comparisons
The UK Insolvency Service is to be given powers to investigate directors of companies that have been dissolved, or in our terms, deregistered, in order…
Australia’s limited insolvency reforms for small business
With our international trading partners recently meeting to examine ways to handle micro to small enterprise (MSE) insolvency impacted by COVID-19,[1] the Australian government –…
An insolvency safe harbour based on culture and tradition?
For years Australia had no ‘safe harbour’ protection for directors from insolvent trading. In 2017, one was introduced, then three more, but a fifth has…
What is the future of insolvency practice?
The future of insolvency practice lies in artificial intelligence (AI) which this article discussed. A list of selected articles and texts on AI and insolvency…
World Bank insolvency principles – how does Australia compare?
The World Bank has released its updated Principles for Effective Insolvency and Creditor/Debtor Regimes (the Principles), emphasising the needs of micro, small and medium enterprises…
Penalties and bankruptcy
A person in breach of consumer protection laws concerning the hire of 4 wheel drive vehicles has been ordered to pay a large penalty despite…
Litigation representatives and bankruptcy
A daughter's evidence that her mother's litigation and bankruptcy proceedings had become her mother’s “entire life” with her house “full of stacks of paper" and…
NSW registered clubs (law) in trouble, again
What are described as the “arbitrary powers of the NSW Independent Liquor & Gaming Authority (ILGA)” are the subject of a recent critical comments by…
Virgin Airlines – special leave to appeal granted by the Australian High Court on a matter of the interpretation of the Cape Town Convention
Further to my report of 4 April 2021 below, the High Court of Australia has granted special leave to appeal on a question of the…
The new Attorney-General and business bankruptcies
As the new Attorney-General, Senator Michaelia Cash[1] will find her portfolio encompasses the current law reform debate about whether and for how long there should…
Move bankruptcy from the Attorney-General to Treasury?
In light of the Attorney-General’s need to transfer some matters of his responsibility, a worthy area to transfer is the law and policy of personal…
Neither a borrower nor a lender be – at least to a friend or a relative …
A guarantee given by a mother to a friend of her son for the son's business debts ended up in court. There are lessons to…
Appeals from sequestration orders made by registrars – continued
An appeal from a sequestration order made by a registrar in 2016 is being heard, in 2021. In bankruptcy litigation between a Ms Bechara and…
Review of the English Insolvency Rules 2016
The 2016 insolvency rules of England and Wales are being reviewed, in accord with a statutory requirement to do so by 2022. A report on…
Double suspension as a liquidator and as a trustee
An experienced Australian insolvency practitioner (IP) has had his right to practise as a liquidator suspended by a Court for 3 years following a finding…
Apprehensions of the fair-minded lay observer – a law reform review of judicial impartiality
The Australian Law Reform Commission has been asked to undertake a review of the laws relating to impartiality and bias as they apply to the…