Insolvency Law Journal update: Vol 31 Pt 4

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The latest issue of the Insolvency Law Journal (Volume 31 Part 4) contains the following material:

EDITORIAL – Editor: Dr David Morrison

Articles

The Liquidator’s Dilemma: Shutting the Gate After the Horse Has Bolted – Matthew Broderick and David Morrison

This article considers the scenario of liquidators giving pre-insolvency advice to a company and then being called upon for appointment to that company in the event of insolvency. It is the first article in a series looking at simplification in the context of the Australian Securities and Investments Commission’s limited resources and response times, to test interest in whether there are other regulatory options that improve an aspect of the operation of the insolvency regime and reduce the pressure on the regulator. This article is confined to a general discussion on the idea of drawing a distinction between pre-insolvency and post-insolvency activity and recommending different appointees for practical reasons, including those arising around conflicts of interest. A subsequent article will consider particular aspects of that idea and make recommendations.

The Equity of Exoneration and Figments of the Trustee’s Imagination – David Morrison and Patrick Quirk

The equity of exoneration is an age-old doctrine, originally available to married women, who without recognised legal status, were accorded an equity in circumstances where they charged their own interest in an asset, usually the family home, for the purposes of promoting a business or venture conducted and owned by their husband and where their husband later became bankrupt. This article examines the equity in its current form and the ways that it is typically used today. Whether there is a need for such an equity in most circumstances is a moot point, given the considerable advancement of the legal status of women, and the development of the conduct and financing of business since the 17th century. Recent decisions, nonetheless, support the continued operation of the equity.

RECENT DEVELOPMENTS – Editor: Dr David Morrison

• Commissioner’s First Assignment of a Confidential Chose in Action: Anatax – Jessica Wood

INTERNATIONAL NOTES – Editor: Dr David Morrison

• Insolvency Resolution of “Systemically Important Technological Institutions”: Uncharted Territory – MP Ram Mohan and Sai Muralidhar Kolisetty

NEW ZEALAND REPORT – Editor: Professor Lynne Taylor

• Purchasers’ Equitable Liens in an Insolvency Context: An Update – Lynne Taylor

BOOK REVIEW – Editor: Dr David Morrison

• English Corporate Insolvency Law: A Primer, by Eugenio Vaccari and Emilie Ghio – Reviewed by Dr David Morrison
• The Modern Contract of Employment (3rd ed), by Ian Neil, David Chin and Christopher Parkin – Reviewed by Dr David Morrison

For the PDF version of the table of contents, click here: New Westlaw Australia – Insolv LJ Vol 31 No 4 Contents or here: Checkpoint – Insolv LJ Vol 31 No 4 Contents.

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