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 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.
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 1
The latest Part of the Insolvency Law Journal includes the following articles: “Turning to Chapter 11 to foster corporate rescue in Australia” – Ahmed Terzic; “Corporate rescue in the United Kingdom: Past, present and future reforms” – Paul J Omar and Jennifer Gant; and “Does CIP remuneration provide value for money?” – Jennifer Dickfos; and the following section notes: Recent Developments: “Maritime law and insolvency law: averting collisions?” – Scott Butler, Rosalind Mason and Michael Murray; “Forging or shaping the fundamentals around the PPSA in Australia?” – David Morrison; and Report from New Zealand: “Consumer repossession reform in New Zealand” – Sascha Mueller.
Insolvency Law Journal update: December 2015
The latest Part of the Insolvency Law Journal includes the following articles: “Financial counselling and the self-represented debtor in the Federal Circuit Court bankruptcy list: An analysis of a recent pilot service” – Paul Ali, Lucinda O’Brien and Ian Ramsay; and “Deeds of company arrangement and secured creditors” – David Morrison; and the following section notes: Recent Developments: “Never mind the law: Just hurry up and collect more tax! the ATO persists with unnecessary litigation” – David Morrison; Report from New Zealand: “Recent personal insolvency decisions” – Lynne Taylor; and a Book Review: “Insolvent Investments” – review by Michael Murray and Jason Harris.
Insolvency Law Journal update: November 2015
The latest Part of the Insolvency Law Journal includes the following articles: “Raiders of the secured asset: The doctrinal rationalisation for the liquidator’s lien or charge over a secured asset post-Stewart v Atco” – Nicholas A Tiverios; and “The conundrum of phoenix activity: Is further reform necessary?” – Anne Matthew; and the following section notes: Recent Developments: “Corporate sureties surely risky” – Paulina Fishman; “Floundering around the phoenix: Is it possible to use court proceedings effectively?” – David Morrison; and Report from New Zealand: “Determining the start date of the single transaction calculation under s 292(4B) of the Companies Act 1993 (NZ) and s 588FA of the Corporations Act (Cth)” – Lynne Taylor.
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