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How is Australia’s safe harbour from insolvent trading working? some survey results

An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of

Behind the UK government insolvency reforms

The Corporate Governance and Insolvency Bill has been introduced into the United Kingdom Parliament and is due for debate on

Changes to Australia’s insolvency laws – some different perspectives

The recent changes to Australia’s insolvency laws are being well explained by the experts. These are some comments from me

Does insolvent trading work? The UK may not think so.

In the context of the review of the safe harbour provisions in Australia, there have been recent articles on insolvent

Special administration of an Aboriginal Corporation – Urapuntja Health

A major Aboriginal corporation in Australia’s Norther Territory – the Urapuntja Health Service Aboriginal Corporation – has been placed under

An insolvency safe harbour in New Zealand?

As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand

Regulators and regulation

Regulators and regulations AllARITAILRA 2016AIIPCAANZASICAFSA Deregistered/dissolved companies – let them be? The UK Insolvency Service has been granted new investigative

Conferences and publications

Conferences and publications AllAcademy of LawARITANewspapers and other media Insolvent insolvency practitioners? An Australian insolvency industry body – ARITA –

What to do about problem debt advisers?

A late submission received by the Senate Economics Committee inquiry into credit and financial services aimed at those at risk

One pre-packaged insolvency – coming up

An option for a quick resolution of an insolvent business is its quick pre-packaged exit, and transfer of assets to

Insolvency law update – May 2018

This is one of my regular updates on where things are at in the insolvency law and practice world in

What’s up, or on, in insolvency, early in 2018?

The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in

Pending insolvency law and practice changes

Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send

The end of safe harbour?

Is there a possibility that the new ‘safe harbour’ regime for directors might be removed? It depends.   While the

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

An economic perspective on trends in start-ups, and -downs

The federal government’s Innovation Statement of 2015 contained some simplistic aims for the promotion of entrepreneurial activity from proposed changes

Are accountants professionally restricted in advising directors on safe harbour?

A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed and

Safe harbour for directors of corporate groups? An UNCITRAL initiative

  UNCITRAL’s Insolvency Working Group V is meeting in Vienna next month to discuss the preparation of guidance for directors

Safe harbour – some inherent behavioural issues to overcome

While the new safe harbour law[1] is the end result of some years of torturous debate, still on-going, it is

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. 

Directors and their safe harbour – how to get them to behave

An aim of the latest “safe harbour” insolvency reforms is to “drive cultural change” in company directors by encouraging them

Law reform – a carve-out from directors’ insolvent trading liability, with a change in their culture in return

The draft ‘safe harbour’ provisions proposed by the government offer directors two advantages in what must be their genuine attempts

Australian safe harbour and ipso facto reforms

Obviously prompted by my reporting of significant restructuring reforms in the EU, and my query as to the long delayed

Mad Dogs could not legally perform its contract in breach of insolvent trading laws

An insolvent company cannot legally continue to perform its contract by which debts are incurred. Hence it has no claim