Insolvency Law Journal update: Vol 26 Pt 3
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.
Insolvency Law Journal update: Vol 26 Pt 2
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.
Insolvency Law Journal update: Vol 26 Pt 1
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.
Insolvency Law Journal update: Vol 25 Pt 4
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.
Insolvency Law Journal update: Vol 25 Pt 3
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.
Insolvency Law Journal update: Vol 25 Pt 2
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.
New Editors for the Insolvency Law Journal
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.
Insolvency Law Journal update: Vol 25 Pt 1
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 [2017] NSWCA 38.” – Joanne Shepard; and Report from New Zealand: “Should a Bankrupt’s Retirement Savings be available to Repay Creditors?” – Lynne Taylor.
Insolvency Law Journal update: Vol 24 Pt 4
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.
Insolvency Law Journal update: Vol 24 Pt 3
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.
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