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Guerilla tactics needed against phoenix misconduct

While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government ...

Our new insolvency law – how on earth did it all happen?

Australia’s new insolvency laws – introduced by the Insolvency Law Reform Act 2016 – are in place and the task ...

Keay – phoenix reforms

It is good to see that that several reform issues raised in my and Jason Harris’ textbook, Keay’s Insolvency, appear ...

Michael Murray

Summary Michael Murray LLB Dip Crim (Syd) FAAL  m: 0402 248 353 | e: michael@murrayslegal.com.au Australian Academy of Law www.academyoflaw.org.au ...

Surveillance /səˈveɪl(ə)ns/

“close observation, especially of a suspected spy or criminal”: Oxford Dictionary. In relation to professional and industry regulation, as relevant, ...

The fine print in an ASIC form

With Australia’s new insolvency laws commencing this Friday 1 September, there is a late flurry of activity from the legislature ...

Managed Investment Schemes – proposed reforms

The problems with managed investments schemes (MIS) have been well documented in recent times. A 2016 Senate Report into Agribusiness ...

The new Code of Banking Practice – what and when?

In evidence before the Senate Select Committee on Lending to Primary Production Customers on 11 August 2017, the Chief Executive of ...

ABA’s Anna Bligh and bank lending reforms

Anna Bligh, the Chief Executive of the Australian Bankers Association, has recently spoken of the “strong and mutually beneficial relationship between ...

External dispute resolution and the Ombudsman

Ms Kate Carnell, the Australian Small Business and Family Enterprise Ombudsman, is reported to have called “on the insolvency sector ...

Banking & Financial Services Law Association Conference – 31 August-2 September

The Banking and Financial Services Law Association is holding its annual conference in Brisbane on 31 August-1 September 2017, in ...

Banks in [financial] crisis; dispute resolution; farm debt mediation, and more

My preparation for a major banking and financial services conference[1] has prompted this quick review of where Australia is at ...

Seven Network v Harrison – costs orders and bankruptcy

The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment ...

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 ...

Very leviable liquidators

In anticipating the funding bases for the government meeting ASIC’s costs of regulating insolvency practitioners (IPs), I wrote that there “should ...

Advanced Business Law Conference – the major insolvency reforms: 3 October 2017

I am presenting at the Advanced Business Law Conference at the College of Law in Sydney on Tuesday 3 October 2017. ...

“with all due respect an exceptionally opaque process in changing important aspects of company law”

A judge is very critical of the “Henry VIII” process by which the commencement date of the Insolvency Law Reform ...

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.  ...

Accountants and NOCLAR – more than a systems update

Professional accountants in Australia will soon be bound by a new standard that could require them to report offences to ...

“Straw directors”? no kidding!

The federal government is putting through laws that would give directors of companies greater latitude to incur debts that cannot ...

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), ...

NSW mines and their potential environmental impacts

In the context of the recent intersections between environmental protection laws and insolvency laws, in relation to CORA laws and Linc ...

APES 110 – accountants, whistleblowers and safe harbour advisers to note

Increased professional obligations of accountants, and insolvency practitioners, to refer breaches of the law to the authorities, are being considered at ...

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 ...