Dr Garry J Hamilton
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 latest Part of the Journal includes the following articles: “The Impact of Retention of Title Security on Unfair Preference Actions” – Stewart Maiden QC and Brendon Watkins; “Australia’s Safe Harbour Law” – A Better Outcome for Restructuring and Entrepreneurship? – Craig Edwards; and the following sections: Editorial – Professor Rosalind Mason and Dr David Morrison; Recent Developments: “Winding up and Employee Entitlements: Does Corporations Act s 561 Give a Liquidator Priority Over Employee Entitlements for Liquidation Costs and Expenses?” – Dr Garry J Hamilton; and Report from New Zealand: “The Reckless Trading Claim in Mainzeal Property and Construction Ltd (In Liq) v Yan: – 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 Company and Securities Law Journal includes the following content: “Requiring proof of individual reliance to establish causation in disclosure-based shareholder class actions: The role of principle and policy” – James Argent; “Equitable subrogation of banks and other secured creditors for the recovery of statutory employee entitlements: A ‘new class of case’ or simply a different perspective?” – Dr Garry J Hamilton; “‘The easy way or the hard way’: Should directors cooperate with regulators?” – Emily Rumble; and the following sections: Corporate Governance, Corporate Responsibility and Law – Professor Jean Jacques du Plessis: “Barbarians at the gate? Activist investors and s 249N of the Corporations Act 2001 (Cth)” – Jason Harris; and Overseas Notes: Hong Kong, Singapore and Malaysia: “Modernising company law: The Singapore experience” – Pey-Woan Lee and Christopher Chen.