Insolvency Law Journal update: Vol 29 Pt 3
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)”.
Insolvency Law Journal update: Vol 29 Pt 2
The latest Part of the Journal includes the following articles: “Heritage and Vitality: Whether the Rule in Antony Gibbs Is a Presumption” – Neerav Srivastava; and “Insolvency Practitioners: A Phenomenological Study” – Elizabeth Streten. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Is a Statutory Demand a Document in a Legal Proceeding? A Surprisingly Vexed Definitional Issue Finally Coming to an End?” – Shane Campbell and William Porter; and Book Review: “Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act”, by Virginia Torrie – Reviewed by David Morrison.
Insolvency Law Journal update: Vol 29 Pt 1
The latest Part of the Journal includes the following articles: “Unfair Preferences as an Instrument of Restoration” – Nikita Angelakis; and “To the Purpose: Unduly Narrow Standing under s 447C” – Paulina Fishman. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “‘Electronic Communication’ Amendments to the Corporations Act: Implications for Service of Statutory Demands” – Mark Wellard; and Report from New Zealand: “The Operation and Development of New Zealand’s Personal Insolvency Regime in 2020” – Lynne Taylor.
Insolvency Law Journal update: Vol 28 Pt 4
The latest Part of the Journal includes the following articles: “Judicial Guidelines for Insolvent Litigation Funding Agreements” – Sulette Lombard and Christopher F Symes; and “Regulation of Insolvency Practitioners in a Pandemic” – Catherine Robinson. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Creditor-defeating Dispositions: A Necessary Addition to Australia’s Corporate Insolvency Laws” – Stephanie Bruce; and Report from New Zealand: “Enforcement of Directors’ Duties in a Liquidation Context: Madsen-Ries v Cooper” – Lynne Taylor.
Insolvency Law Journal update: Vol 28 Pt 3
The latest Part of the Journal includes the following articles: “In Which Payment Trust Should the Australian Construction Industry Place Its Trust?” – Bianca Wei Joo Teng and Jeremy Coggins; “Behavioural Insights into the Impact of Bankruptcy’s Public Record on Business Activity” – Nicola J Howell, Ann-Kathrin Koessler, Rosalind Mason and Uwe Dulleck; and the following sections: Editorial – Dr David Morrison; Recent Developments: “Distribution of a Mixed Fund: A Classic Insolvency Conundrum Revisited” – Corey Byrne; “Amendments to the Exercise of Power of Sale for Disclaimed Properties – A Welcome Respite for Mortgagees” – Zachary Toren; and Report from New Zealand: “Cross-Border Insolvency: Recognition of Australian Insolvency Procedures in New Zealand” – Lynne Taylor.
Insolvency Law Journal update: Vol 28 Pt 2
The latest Part of the Journal includes the following articles: “Are Directors’ Going Concern Financial Statement Note Disclosures Informative? Evidence from Voluntary Administrations” – James Routledge; “Smooth Sailing for Directors: Using the Safe Harbour to Restructure Insolvent Companies in Australia” – Timothy Bost; and the following sections: Editorial – Dr David Morrison; Recent Developments: “Lost Commas: Clarifying the Doctrine of the Last Antecedent – Finding a Better Way” – Patrick Quirk; and Report from New Zealand: “COVID-19 Response in New Zealand” – Lynne Taylor.
Insolvency Law Journal update: Vol 28 Pt 1
The latest Part of the Journal includes the following articles: “Special Administration of Indigenous Corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth): Recent Reviews and Proposed Reforms” – Mary Wyburn; “The Effect of Bankruptcy and Liquidation on Trust Property: Recent High Court Judgments and Implications for Insolvency Practitioners and “Post-Appointment” Dealings and Dispositions” – Mark Wellard; and the following sections: Editorial – Dr David Morrison; Recent Developments: “Vesting of Trust Property in a Bankruptcy Trustee and “Reasonable Grounds” for Lodging a Caveat: Some Helpful Guidance from the High Court” – Garry J Hamilton; and Report from New Zealand: “New Zealand’s New Co-regulatory Scheme for Insolvency Practitioners” – Lynne Taylor.
Insolvency Law Journal update: Vol 27 Pt 4
The latest Part of the Journal includes the following articles: “Agency, Joint Ventures and Insolvency” – Jonathon Moore QC; “An Early Response to Regulatory Changes under the Insolvency Law Reform Act 2016 (Cth): A Survey of Registered Liquidators and Registered Trustees” – Catherine Robinson; and the following sections: Editorial – Dr David Morrison; Recent Developments: “A Creditable Definition of Creditors but Concerns about the Concerns Requirement for Deeds of Company Arrangement” – Felicity Maher; and Report from New Zealand: “Insolvency Law Reform” – Lynne Taylor.
Insolvency Law Journal update: Vol 27 Pt 3
The latest Part of the Journal includes the following articles: “The ACCC’s Pursuit of Corporate Respondents in the VET Sector Operating under External Administration” – Mary Wyburn; “Rescuing the Rescue Culture? Australian Corporate Restructuring After the Safe Harbour and Ipso Facto Reforms” – Corey Byrne; “Insolvent Trading in Australia: A Study of Court Judgments from 2004 to 2017” – Stacey Steele and Ian Ramsay; and the following sections: Editorial – Dr David Morrison; Recent Developments: “The Insolvent Trustee”; “The Use of the Trust” – David Morrison; “Amerind – The Aftermath: Questions and Practical Difficulties Remaining” – Garry Hamilton; and Report from New Zealand: “Insolvent Transactions Back before the Supreme Court: Robt Jones Holdings Ltd v McCullagh” – Lynne Taylor.
Insolvency Law Journal update: Vol 27 Pt 2
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.
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