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The latest issue of the Insolvency Law Journal (Volume 33 Part 4) contains the following material:
EDITORIAL – Editor: Dr David Morrison
Articles
What Happens When Companies in Partnership Become Insolvent? – Sulette Lombard
The current fragmentation of insolvency law principles across various pieces of legislation leaves ample room for confusion and uncertainty, especially in instances where multiple Acts could potentially apply to the same insolvency, or where it is unclear which legislation applies. This issue is nowhere more apparent than in the case of insolvency of companies that operate in partnership. This article identifies some of the complexities and potential confusion that arise as a result, particularly in relation to the relationship between insolvency and the dissolution of the partnership, the distribution rules that will apply where corporate partners become insolvent, and the way in which the insolvent trading prohibition applies in respect of directors of insolvent companies operating in partnership. Ultimately, it advocates for legislative reform to provide greater clarity and certainty in this context.
The Conflict of Environmental and Insolvency Law: Unpacking Challenges for Courts and Legislatures – Jessica Smythe
Central to the conflict of environmental and insolvency law is the question of who pays when the polluter cannot. Environmental standards provide impractical accountability mechanisms for the liability of corporations in liquidation. Limited legislative guidance in Australia and other Commonwealth jurisdictions has resulted in unsettled judicial outcomes that appear to produce ad hoc decisions affecting company control and liquidator liability, challenges to disclaimers, and the priority ranking of creditors’ claims in liquidation. These points to unresolved tensions between environmental law and insolvency law as areas with divergent public interest concerns.
RECENT DEVELOPMENTS – Editor: Dr David Morrison
- Unwinding Decisions of the Quasi-Judge Proven Wrong – Yit Chee Wah v Inner Mongolia Huomei-Hongjun Aluminium Electricity Co, Ltd [2025] SGCA 27 – Edwin Teong Ying Keat
INTERNATIONAL NOTES – Editor: Dr David Morrison
- Is the Tide Turning?: Recent Cases from the Fifth Circuit – Bruce A Markell
NEW ZEALAND REPORT – Editor: Lynne Taylor
- A Forgotten Rescue Procedure? An Analysis of Compromises with Creditors under Part 14 of The Companies Act 1993 (NZ) – Ethan Cleland
For the PDF version of the table of contents, click here: New Westlaw Australia – Insolv LJ Vol 33 No 4 Contents or here: Checkpoint – Insolv LJ Vol 33 No 4 Contents
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