The latest Part of the Insolvency Law Journal includes the following article: “Receivership: A New Direction” – Myles Bayliss. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Back to Basics – s 588FA, Corporations Act: Is a Diminution of a Company’s Assets a Pre-condition to the Existence of a Preference? The Mischief of the ‘Doctrine of Ultimate Effect’ Exposed” – Dr Garry J Hamilton; “CATSI Act Insolvency Reform” – Mary Wyburn; and “Likelihood of Insolvency and the Duties of Directors in the European Directive on Restructuring and Insolvency” – Sérgio Coimbra Henriques; and New Zealand Report: “The New Zealand Court of Appeal’s Take on Insolvent Trading: Yan v Mainzeal Property and Construction Ltd (in liq)”.
The last Part for Volume 22 of the Insolvency Law Journal includes the following articles: “On the brink: Creditors as shadow directors when dealing with debtors approaching insolvency” – John R Anderson; and “Mind the insolvency gap: Lessons to be learned from audit expectations gap theory” – Colin Anderson and Catherine Brown. There is also a Recent Developments section and a Report from New Zealand.
The latest Part of the Insolvency Law Journal includes the following material: “Equitable set-off: Principles, application and exclusion by contract” – Dr Vicky Priskich; “A framework for analysing the joint carrying out of “a business, a scheme or an undertaking”” – Kelvin Tran; Recent Developments: “The importance of being direct “for the benefit of” unreasonable director-related transactions” – Brenton Devanny; and Report from New Zealand: “Recent authorities on creditors’ applications to have a liquidator appointed” – Lynne Taylor.
The September 2012 issue of the Company and Securities Law Journal includes an article by Gill North considering the provisions that prohibit misleading or deceptive conduct, with a particular focus on company disclosure matters, and an article by Helen Anderson, Michelle Welsh, Ian Ramsay and Peter Gahan which utilises leximetric analysis, which involves the numerical coding of the strength of legal protections, to show changes in levels of shareholder and creditor protection in Australia for the period 1970 to 2010. There is also a Securities Industry and Managed Investments section note which looks at statutory novation of contracts.
The latest issue of the Insolvency Law Journal contains an interesting mix of material, including articles on such diverse topics as the history and development of bankruptcy, jurisprudence concerning the legitimacy of fixed charges over receivables and the role of the ATO in insolvency law. There is also a Recent Developments section and a Report from New Zealand.