Insolvency Law Journal (Insolv LJ)
A refereed forum for discussion of personal and corporate insolvency
About the Journal
The Insolvency Law Journal (ISSN: 1039-3293) covers the whole area of insolvency practice in Australia including bankruptcy, company liquidation and receivership and voluntary administration. It examines both the practical and theoretical issues of this growing area of law and looks at topical issues in the corporate world.
In-depth articles and brief notes discuss important topics of interest and current developments and trends in insolvency legislation. Prominent insolvency practitioners and leading academics from around the world contribute to each issue. The Recent Developments section examines relevant cases, changes to legislation, discussion around reform papers as well as book reviews.
The journal is headed by General Editors, Professor Rosalind Mason and Dr David Morrison.
Professor Mason is a member of the Commercial and Property Law Research Centre, QUT Faculty of Law. As a scholar, Rosalind has specialised primarily in cross-border insolvency law and also written on personal insolvency law. She was an invited member of the Insolvency Law Advisory Group to Treasury examining domestic adoption of the UNCITRAL Model Law on Cross-border Insolvency in 2006 as well as an expert group established by Australian Treasury and the New Zealand Department of Economic Development to work on enhancements to trans-Tasman cross-border insolvency arrangements in 2010. More recently, she led a QUT research project on the ALI-III Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases for the Australian Academy of Law. Rosalind is a co-Chair of the Expert Advisory Group on WGV Insolvency to the UNCITRAL National Coordinating Committee of Australia. In 2015 Rosalind was appointed as the Chair of the Academics’ Group of INSOL International.
Dr Morrison is an interdisciplinary researcher whose interests lie at the intersection of taxation law, corporate and insolvency law, bankruptcy, finance law and financial literacy as those interests apply to finance, the economy, social and policy framework and climate change. Associate Professor Morrison researches around law and finance especially as it applies to literacy and support for generational change. The recipient of three ARC research grants and a UQ Vice-Chancellors Research Excellence award, Associate Professor Morrison has held over 20 research grants and has published extensively including papers, conferences and as co-author of Voluntary Administration Thomson service. Associate Professor Morrison holds the degrees of BCom, LLB, MFM, LLM, GCEd and PhD (Qld), he holds the professional qualifications of Barrister-at-law, Chartered Accountant (CA), Fellow of the Financial Services Institute of Australia (FFin), and is a Chartered Tax Advisor of The Taxation Institute (CTA).
Peter Agardy, Barrister-at-Law, Melbourne
Karen Axford, Federation University
David Brown, Associate Professor, Law School, University of Adelaide
Jim Corkery, Professor of Law, School of Law, Bond University, Gold Coast
The Hon Justice Julie Dodds-Streeton, Retired, Federal Court of Australia
Dr John Duns, Associate Professor, Faculty of Law, Monash University
Professor James Jackson, Emeritus Professor, Southern Cross University, Lismore
Professor Andrew Keay, Professor of Corporate and Commercial Law, Department of Law, University of Leeds, United Kingdom
Michael Murray, Visiting Fellow, School of Law, Queensland University of Technology
Dr James O’Donovan, Special Counsel, Lavan Legal
Stewart Maiden, Barrister, Owen Dixon Chambers West
Dr David Morrison, Reader in Law, TC Beirne School of Law, University of Queensland
Lynne Taylor, Associate Professor, School of Law, University of Canterbury
The consolidated table of authors and articles for this Journal is available here.
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
The latest Part of the Journal includes the following articles: “Receivers Trading on at a Loss: Implications of Section 433 of the Corporations Act” – Jonathon Moore QC; “A Trans-Pacific Tale of Carrots and Sticks: Lessons for Australia from the United States’ Experience of the Ipso Facto Stay” – Kathryn Sutherland-Smith; and the following section notes: Recent Developments: “The Common Law Principle of Universality Extended in the Wake of Hanjin Shipping’s Insolvency” – Casey G Watters and Kenny Chng; and Report from New Zealand: “A Proposal for a New Regime for Unravelling Ponzi Schemes” – Lynne Taylor.
The latest Part of the Journal includes the following articles: “Mortgagee Sales, Disclaimer and Escheat – A Suggested Statutory Solution” – William Dixon, Sharon Christensen and WD Duncan; “A Blind Spot in the Test for Solvency? Reconsidering the Exclusion of Unliquidated Damages Claims” – Annita Stucken; and the following section notes: Recent Developments: “Preferences and Running Accounts: ‘Peak Indebtedness’: The Elephant in the Room” – Dr Garry J Hamilton; “An Analysis of Recent Cases Involving Insolvent Corporate Trustees” – Tom McClintock; “Researching Personal Insolvency Law and Practice in Australia: An Update and Call for Continued Investment” – Nicola Howell; and Report from New Zealand: “Fish Man Ltd (in liq) v Hadfield” – Lynne Taylor.
The latest Part of the Journal includes the following articles: “Compromises with Creditors – New Zealand Court Proposes a New Test for Class Composition that looks at Creditors’ Economic Interests” – Victoria Stace; “The Interaction of the Statutory Right of Action In Rem and the Cross-Border Insolvency Act 2008 (Cth)” – Mohammud Jaamae Hafeez-Baig; and the following section notes: Recent Developments: “Partnerships, Trusts and Set-Offs – Getting the Priorities Right in Insolvency” – Flora Innes; and Report from New Zealand: “New Zealand Liquidators’ Powers to Obtain Information and Documents” – Lynne Taylor.
The latest Part of the Insolvency Law Journal includes the following article: “Flexible Yet Firm: The Practice of the AAT and the Courts in Reviewing ASIC’s s 206F Management Disqualification Orders” – Robin Bowley; and the following section notes: Recent Developments: “Lessons for Liquidators: The Asden Litigation and Liquidators’ Duties under the Corporations Act” – Nicholas Saady; “True Leases v Finance Leases: Lesson Learnt from Canada” – Michael Williams; “The Holding Deed of Company Arrangement: Its Origins, Utility and Validity” – James O’Hara and Mark Hyde; “The Determination of Market Price Where a Receiver is Realising a Secured Asset” – David Morrison; and Report from New Zealand: “The Calculation of “Due Debts” under the Insolvent Transactions Regime in the Companies Act 1993 (NZ): David Browne Contractors Ltd v Petterson” – Lynne Taylor.
The latest Part of the Journal includes the following articles: “Bankruptcy Discharge: Origins and Liberalisation” – Michael Quilter; “Death and Bankruptcy” – Colin Anderson and David Morrison; and the following section notes: Recent Developments: “Piercing Legal Professional Privilege to Access Documents Created to Defeat Claims of Creditors” – Noel McCoy, Sophie Waples and Emma Beechey; “Company Directors in the Spotlight: A Safe Harbour or Plugging Another Imaginary Leak?” – David Morrison; and Report from New Zealand: “Changes Mooted to New Zealand’s Voidable Transactions Regime” – Lynne Taylor.
The latest Part of the Journal includes the following articles: “The Consequences of a Corporate Trustee Entering Insolvency” – Andrew Berriman; “Timing is Everything: When Should a Security Be Valued for the Purpose of s 588FA(2) of the Corporations Act 2001 (Cth)?” – Meena Hanna; and the following section notes: Recent Developments: “Does Holding Out Subvert the Intention of Part 5.3A?” – Dr David Morrison; and Report from New Zealand: “Cabinet Adopted Changes to New Zealand’s Insolvency Practitioner Regulatory Regime” – Lynne Taylor.
As the Insolvency Law Journal celebrates its 25th year, we mark some recent changes in the leadership of the journal. Dr Colin Anderson stepped down as General Editor of the journal at the beginning of 2017 after more than 10 years at its helm. In his place, we welcome the new co-General Editors Professor Rosalind Mason and Dr David Morrison, whose connections to the journal go back several years.
This edition of the Insolvency Law Journal marks the retirement of Adjunct A/Prof Colin Anderson after more than a decade as General Editor, and the first issue of the new co-General Editors Prof Rosalind Mason and A/Prof David Morrison. The latest Part of the Journal includes the following articles: “The Anti-deprivation Rule and the Pari Passu Rule in Insolvency” – Peter Niven; “Prepayment Consumer Creditors: A Special Case for Insolvency Proceedings?” – Christopher Symes and Beth Nosworthy; and the following section notes: Recent Developments: “Liquidating Trustee Companies” – Chris Bailey; “Sanderson as Liquidator of SAKR Nominees Pty Ltd (in liq) v SAKR  NSWCA 38.” – Joanne Shepard; and Report from New Zealand: “Should a Bankrupt’s Retirement Savings be available to Repay Creditors?” – Lynne Taylor.
The latest Part of the Insolvency Law Journal includes the following articles: “Assessing the status of rent in corporate insolvencies – why the Lundy Granite principle may not be written in stone” – Jason Ellis; “Evidentiary challenges for the insolvency practitioner: The use of public examination transcripts at trial” – Kathryn Smith; and the following section notes: Recent Developments: “Phoenixing at the fulcrum: Less faff, faster forward formulation” – David Morrison and Stephen Gray; and Report from New Zealand: “Compromises under Pt 14 of the Companies Act 1993 (NZ)” – Lynne Taylor.
The latest Part of the Insolvency Law Journal includes the following articles: “An empirical study of Australian judicial decisions relating to insolvency practitioner remuneration” – Stacey Steele, Vivien Chen and Ian Ramsay; and “Receivers and employees: An analysis of receivership and its effects on employee contracts and entitlements” – Lewis Gentry and Christopher Symes; and the following section notes: Recent Developments: “At the coalface of corporate insolvency and Phoenix activity: A Survey of ARITA and AICM Members” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; “Personal and corporate insolvency doing the same thing for the business end of town: why so complicated?” – David Morrison; and Report from New Zealand: “Insolvency practitioners in the spotlight” – Lynne Taylor.