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Moving in together – personal and corporate insolvency law and policy
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law ...
The end of safe harbour?
Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends. While the ...
Trading trusts [clearly and succinctly] explained
This is not a review of Peter Agardy’s ‘Trading Trusts Explained’ (LexisNexis) but an alert to its availability, its release ...
Professional ethics – Academy of Law Debates for 2017
A series of public debates on ethical conduct in the law, accounting and business was a significant contribution to this ...
Liquidator conduct appeals – how long should they take?
The hearing of a challenge before the Administrative Appeals Tribunal of a Companies Auditors and Liquidators Disciplinary Board, (now CADB), ...
Legislative drafting – 2017 reliance on a 1901 precedent
Modern Commonwealth laws still rely on 1901 drafting precedents despite changes in the law over the last 116 years. As ...
Vale CAMAC
Many will remember the Corporations and Markets Advisory Committee (CAMAC), and its predecessor CASAC. CAMAC produced many law reform reports ...
No, not the Royal Commission – long delayed banking reforms
Long delayed banking and financial institution reforms are being addressed in a Bill to enhance APRA’s ‘crisis management’ powers in ...
Farmers’ debts – ‘sit down at a table and work it out, and walk away, alive’
Preventing the appointment of receivers to ‘family farms’ and using farm debt mediation instead seems to be an idea that ...
‘A one year bankruptcy or a 3 year debt agreement … what’s the catch?’
With Australia on the verge of introducing a one year period of bankruptcy, it is odd that no comparable reforms ...
‘If you want to take us on in court, go for your life because, guess what …’
ASIC may not have meant it but comments to the recent PJC inquiry about ASIC’s “transformational industry funding” may raise ...
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 ...
Bankruptcy remuneration challenge referred to mediation – Groll
Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees ...
Insolvency practitioner independence – a ‘fair-minded’ or ‘uncharitably-minded’ assessment
The most recent decision on insolvency practitioner independence confirms an ongoing trend of treating the fair-minded observer, whose view is ...
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 ...
Where’s an economist when you need one?
R3 in the UK has commented on a recent OECD Report, about which we gave some views when it came ...
Codes of conduct
Codes of conduct need to remain in step with on-going changes in the commercial and business worlds in which they ...
Surveillance /səˈveɪl(ə)ns/
“close observation, especially of a suspected spy or criminal”: Oxford Dictionary. In relation to professional and industry regulation, as relevant, ...
Insolvency Law Reform Act – some real legislation errors
woodfer The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on ...
The new insolvency laws – their benefits
The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on 1 ...
Insolvency practitioner regulation – New Zealand & Australia
Comparing NZ insolvency law with Australia’s, in preparation for the BFSLA conference this week on 1 September 2017, the day ...
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 ...
“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.
“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal ...
A case of ‘just in case’ – Network Ten
The concept of “potential” or “putative” insolvency administrators who have had “recent, long-term, substantial and remunerative involvement” with the company ...
