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.
The March 2011 issue of the Insolvency Law Journal contains articles on the enforceability of ipso facto clauses, debt restructuring procedures and the impact on creditor rights and the tracing of misappropriated funds in a liquidation. There are also recent developments and a Report from New Zealand.
Over 2009 and 2010, the Australian Research Council undertook to rank journals in the Arts & Humanities Sector as part of the “Excellence in Research for Australia” initiative. Law journals were included in the ranking. Now the rankings that were assigned are being reviewed and new rankings will be released in 2012. Thomson Reuters has observed there may be some unintended long-term consequences of the ERA methodology and outcomes. To communicate these concerns, we have released a position statement.
By Associate Professor Anil Hargovan The recent decision by the Federal Court in McLellan, in the matter of The Stake Man Pty Ltd v Carroll  FCA 1415 (hereinafter Stake Man) excused a director from liability for insolvent trading based on statutory considerations concerning, inter alia, honesty and fairness under the Corporations Act 2001 (Cth).
By Jason Harris and Michael Legg. The fallout from the global financial crisis (GFC) has focused attention on the efficiency of Australia’s corporate rescue laws as companies struggle under onerous debt levels and attempt to rebuild balance sheets and restructure operations in much tighter credit conditions than in previous years. This article considers the tension between laws that seek to compensate investors through the use of class actions and laws that aim to promote corporate rescue attempts.
By Tina Hoyer. One of the main elements to be established by a liquidator in order to successfully challenge a pre-liquidation transaction known as an unfair preference is contained in s 588FA(1)(b) of the Corporations Act 2001 (Cth). It was foreshadowed that the enactment of s 588FA would cause no fundamental change to the law with respect to unfair preferences. However, this article will demonstrate that there have been subtle, yet significant, changes to the way the court deals with unfair preferences since the enactment of s 588FA.