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Mainzeal’s NZ$36m reckless trading appeal pending; bankruptcy of director deferred
Liquidators of Mainzeal with a NZ$36m judgment for reckless trading against the company’s directors have failed in an attempt to ...
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 ...
