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.
Insolvency Law Journal update: Vol 27 Pt 1
The latest Part of the Journal includes the following articles: “Applications for Aid and Assistance in Respect of Foreign Insolvency Proceedings in New Zealand since the Enactment of the Insolvency (Cross-Border) Act 2006 (NZ)” – Trish Keeper; “The Evolution of Corporate Rescue in Singapore” – Casey G Watters and Paul J Omar; and the following sections: Editorial – Professor Rosalind Mason and Dr David Morrison; Recent Developments: “Recognition of Foreign Insolvency Judgments” – Neil Hannan; and Report from New Zealand: “Subcontractors and Retention Money: The Pros and Cons of Subpt 2A of the Construction Contracts Act 2002 (NZ)” – Lynne Taylor.
Insolvency Law Journal update: Vol 26 Pt 4
The latest Part of the Journal includes the following articles: “AI and the Insolvency Profession: The State of Play” – Jennifer Dickfos; “The Good Place or the Bad Place: The Position of Directors during a Deed of Company Arrangement” – Beth Nosworthy and Christopher Symes; and the following section notes: Recent Developments: “The Insidious Nature and Scope of Phoenix Company Trading” – David Morrison; and Report from New Zealand: “Compromises with Creditors Under Pt 14 of the Companies Act 1993 (NZ): Trends Publishing Ltd v Advicewise People Ltd [2018] NZSC 62” – Lynne Taylor.
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.
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