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.
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For the individual contents pages for each Part, click here.
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.
The latest Part of the Insolvency Law Journal includes the following articles: “Illegal phoenix activity: Quantifying its incidence and cost” – Helen Anderson, Ian Ramsay and Michelle Welsh; “Unfair preferences: Putting an end to the peak indebtedness ‘rule’” – Stephen Russell and Sean Russell; and “The Australian Taxation Office – what role does it play in anti-phoenix activity?” – Colin Anderson, Jennifer Dickfos and Catherine Brown. It also contains and Editorial and the following section notes: Recent Developments: “The appointment of voluntary administrators, their conduct, and aspects of insolvency” – Dr David Morrison; Report from New Zealand: “Voidable transactions: recent developments” – Lynne Taylor; and a Book Review: “Cross-border Insolvency Law” – Stewart Maiden.
The latest Part of the Insolvency Law Journal includes the following articles: “Turning to Chapter 11 to foster corporate rescue in Australia” – Ahmed Terzic; “Corporate rescue in the United Kingdom: Past, present and future reforms” – Paul J Omar and Jennifer Gant; and “Does CIP remuneration provide value for money?” – Jennifer Dickfos; and the following section notes: Recent Developments: “Maritime law and insolvency law: averting collisions?” – Scott Butler, Rosalind Mason and Michael Murray; “Forging or shaping the fundamentals around the PPSA in Australia?” – David Morrison; and Report from New Zealand: “Consumer repossession reform in New Zealand” – Sascha Mueller.
The latest Part of the Insolvency Law Journal includes the following articles: “Financial counselling and the self-represented debtor in the Federal Circuit Court bankruptcy list: An analysis of a recent pilot service” – Paul Ali, Lucinda O’Brien and Ian Ramsay; and “Deeds of company arrangement and secured creditors” – David Morrison; and the following section notes: Recent Developments: “Never mind the law: Just hurry up and collect more tax! the ATO persists with unnecessary litigation” – David Morrison; Report from New Zealand: “Recent personal insolvency decisions” – Lynne Taylor; and a Book Review: “Insolvent Investments” – review by Michael Murray and Jason Harris.
The latest Part of the Insolvency Law Journal includes the following articles: “Raiders of the secured asset: The doctrinal rationalisation for the liquidator’s lien or charge over a secured asset post-Stewart v Atco” – Nicholas A Tiverios; and “The conundrum of phoenix activity: Is further reform necessary?” – Anne Matthew; and the following section notes: Recent Developments: “Corporate sureties surely risky” – Paulina Fishman; “Floundering around the phoenix: Is it possible to use court proceedings effectively?” – David Morrison; and Report from New Zealand: “Determining the start date of the single transaction calculation under s 292(4B) of the Companies Act 1993 (NZ) and s 588FA of the Corporations Act (Cth)” – Lynne Taylor.
The latest Part of the Insolvency Law Journal includes the following articles: “How does s 588FA apply to the granting of a security interest over an unsecured debt?” – Peter Sise; and “External administration in corporate insolvency and reorganisation: The insider alternative” – Larelle Chapple and James Routledge; and the following section notes: Recent Developments: “Barriers to entry and exit for Australian businesses: The solvency impact of disruption” – David Morrison; and Report from New Zealand: “Supreme Court clarifies meaning of “value” in the defence against insolvent transaction claims – Allied Concrete Ltd v Meltzer and Hayward as Liquidators of Window Holdings Ltd (in liq)” – Trish Keeper.
The latest Part of the Insolvency Law Journal includes the following articles: “Global rules on conflict-of-laws matters in international insolvency cases: An Australian perspective” – Mark Wellard and Rosalind Mason; and “The Willmott Forests decision: Changes to the corporate insolvency regime?” – Jonathan Ballo. Also in this Part is a Recent Developments section and a Report from New Zealand.