*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF at the bottom of this post.<\/p>\n
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The latest issue of the Insolvency Law Journal<\/em> (Volume 29 Part 2) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c General Editor: Dr David Morrison<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n Heritage and Vitality: Whether the Rule in Antony Gibbs Is a Presumption<\/em><\/strong><\/a> \u00e2\u20ac\u201c Neerav Srivastava<\/p>\n The Rule in Antony Gibbs provides that if the proper law of a contract is Australian, then a discharge of the debt by a foreign jurisdiction will not be a discharge in Australia unless the creditor submitted to the foreign jurisdiction. This article, first, argues that the Rule is a rebuttable Presumption. Second, the article defends the Rule. The Rule has been criticised by insolvency practitioners as being irreconcilable with modified universalism. But its net effect is not always appreciated. Even if the foreign discharge of debt is not recognised in Australia, comity means local and international creditors will be treated equally when it comes to enforcement. The consequence is a reasonably robust system.<\/p>\n Click here to access on New Westlaw<\/a><\/p>\n Insolvency Practitioners: A Phenomenological Study<\/strong><\/em><\/a> \u00e2\u20ac\u201c Elizabeth Streten<\/p>\n This study examines the impact of negative public perception and disruptions upon professional identity and practice: namely the impact upon the professional identity and the practice of corporate insolvency practitioners (hereinafter referred to as \u00e2\u20ac\u0153practitioners\u00e2\u20ac\u009d) who were registered liquidators in Australia during July 2017 to October 2017. A phenomenological study was conducted from July 2017 to October 2017 by way of in-depth qualitative interviews with 23 registered and practising liquidators across parts of Australia. The findings indicate that, among other things, negative public perceptions and disruptions: (1) made it more difficult for numerous interviewed practitioners to reconcile inherent conflicts in their practice of insolvency; (2) affected various interviewed practitioners\u00e2\u20ac\u2122 ability to fulfil their roles and\/or implement and comply with their various legal and ethical obligations; and (3) contributed to interviewed practitioners\u00e2\u20ac\u2122 perception of a weakened professional identity.<\/p>\n Click here to access on New Westlaw<\/a><\/p>\n RECENT DEVELOPMENTS<\/a> \u00e2\u20ac\u201c Editor: Dr David Morrison<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Dr David Morrison<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: Westlaw AU – Insolv LJ Vol 29 No 2 Contents<\/a>, New Westlaw AU – Insolv LJ Vol 29 No 2 Contents<\/a> or here: Checkpoint – Insolv LJ Vol 29 No 2 Contents<\/a>.<\/p>\n Click here to access this Part on Westlaw AU<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\nArticles<\/h3>\n
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