*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 32 Part 1) contains the following material:<\/p>\n EDITORIAL<\/a> \u2013 Editor: Dr David Morrison<\/em><\/p>\n The Adjudication of Proofs of Debt in Liquidation: A Background<\/strong><\/em><\/a> \u2013 Nikita Angelakis<\/p>\n According to the High Court, when adjudicating proofs of debt, a liquidator acts quasijudicially \u201caccording to the standards no less than the standards of a court or judge\u201d. That is an onerous standard for a liquidator, who is not legally trained and invariably carries out their function in an environment hampered with severe financial constraints. This article is the first part in a series of three that seeks to unpack and challenge the \u201cquasi-judicial\u201d characterisation given to a liquidator\u2019s function in adjudicating proofs. This first part sets out background to judicial and administrative powers and reviews jurisprudence concerning the proof of debt procedure that applies in corporate insolvency. The following parts will consider the effect of an adjudication, the impact of history on the characterisation of a liquidator\u2019s power, and the limitations on the power and obligations of liquidators.<\/p>\n Safe Harbour and Beyond: Shaping Australia\u2019s Corporate Rescue Landscape<\/strong><\/em><\/a> \u2013 Chelsea Austin<\/p>\n The safe harbour provisions were introduced to the Corporations Act 2001 <\/em>(Cth) in September 2017. An independent review of the impacts of the safe harbour provisions on the conduct of directors and the interests of creditors and employees was initiated on 24 August 2021, with a final report presented to the Assistant Treasurer on 23 November 2021 that prescribed 14 recommendations. This article explores the extent that these recommendations, as well as the recommendations directed towards the safe harbour in the Parliamentary Joint Committee on Corporations and Financial Services\u2019 final report for the inquiry into corporate insolvency, are likely to succeed in fulfilling the safe harbour\u2019s overarching purpose. It is suggested that while the implementation of these recommendations will positively impact Australia\u2019s corporate rescue landscape, further reforms, as set out herein, might be considered.<\/p>\n RECENT DEVELOPMENTS \u2013 Editor: Dr David Morrison<\/em><\/p>\n INTERNATIONAL NOTES<\/a> \u2013 Editor: Dr David Morrison <\/em><\/p>\n NEW ZEALAND REPORT \u2013 Editor: Professor Lynne Taylor<\/em><\/p>\n BOOK REVIEW \u2013 Editor: Dr David Morrison<\/em><\/p>\n For the PDF version of the table of contents, click here: New Westlaw Australia – Insolv LJ Vol 32 No 1\u00a0Contents<\/a>\u00a0or here: Checkpoint – Insolv LJ Vol 32 No 1 Contents<\/a>.<\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\nArticles<\/h3>\n
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