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…
Should a person be subject to restrictions after an insolvency?
The default period of restriction on a person following their personal insolvency is under consideration in Australia. It prompts the wider question whether there should…
A proposed change of focus of the Australian Official Trustee in Bankruptcy
The Australian Official Trustee in Bankruptcy (OT) has sought comment on a significant refocus of its legal responsibilities by way of proposing new criteria to…
The directors of Kids Company – “actions of public bodies do not have the effect of dissuading able and experienced individuals from becoming or remaining charity trustees”
A significant English High Court decision has been given refusing to make banning orders against trustees (directors), and the CEO, of a high-profile charity -…
Australia’s “practical insolvency regime … sometimes more of a rough and ready process and not an exact science … a trade-off …”
The Federal Court has dismissed a challenge to deeds of company arrangement of two property development companies and not put them into liquidation to allow…
Australian personal insolvency reform for COVID-19 impacted debtors
The Australian government's proposed retention of the restrictions of bankruptcy on COVID-19 impacted business proprietors and consumers is questionable, but expected. Possible reasons for this…
Liquidator’s registration suspended not cancelled, by agreement
In A liquidator disciplinary decision – some regulatory insights | Murrays Legal Commentary , I reported an AAT decision refusing a liquidator’s application for a…
‘Modernising’ insolvency communications
The Australian government’s consultation paper - Modernising Business Communications - Improving the Technology Neutrality[1] of Treasury Portfolio Laws, of December 2020 – offers, as an…
Australian root and branch bankruptcy reform – creditors’ rights? Elizabeth (Ist) laws? SMEs? …
While COVID-19 restrictions on creditors in bankruptcy have ended, though now with an increased $10,000 threshold, the experience should prompt one of many root and…
Australia’s new liquidator registration processes, and its ‘new liquidators’
On 30 December 2020, ASIC issued guidance on the new liquidator registration processes that apply in Australia two days hence - from 1 January 2021…