Share this page | Email | Contact Us

Special Report on

Insolvency law reform in Australia

insolvency law reform in australia special research report Photo by
In response to the increase in company failures since the start of the financial crisis, the Australian government announced on 19 January 2010 a Corporate Insolvency Law Reform Package, which promotes informal insolvency procedures to facilitate the restructuring of companies in financial difficulty. It also seeks to reverse the effect of the High Court�s decision in Sons of Gwalia v Margaretic , to encourage lenders to provide unsecured debt finance to Australian companies without pricing in the risk of potential competing shareholder claims. Ultimately, such changes to the framework of Australia�s insolvency laws are designed ...
In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the insolvent individual or organization). An involuntary bankruptcy petition may not be filed against an individual consumer debtor who is not engaged in business.
Interview – Patricia Rickard Clarke, Fulltime Commissioner, Law ...
Across the corporate and household sector, the impact of a great storm cloud of indebtedness is now being felt. The figures are quite startling. Last year, the consultancy Amarach Research produced a report entitled: ‘The Debt of the Nation : How we Fell in and out of Love with Debt.” This study estimated that in Ireland, the ratio of household debt to disposable income had risen from just 48% in 1995 to 176% last year, making us one of the indebted countries in the world, even when public debt is excluded from the equation. Since the downturn, the number of insolvencies has soared, along with the number of ... market research, surveys and trends
Insolvent trading law reform « Australian Regulatory Compliance ...
The Minister for Financial Services, Superannuation and Corporate Law, Chris Bowen MP, has announced a package of reforms to Australia’s corporate insolvency laws consisting of: reform of insolvency administrations which will include the adoption of substantially all of the recommendations made by CAMAC in its Issues in external administration report ; amendment of the Corporations Act to reverse the effect of the High Court’s decision in Sons of Gwalia v Margaretic which determined that, in a corporate winding up, certain compensation claims by shareholders against the company were not subordinated below the claims ... market research, surveys and trends


and it has been abandoned in many of them including Australia, New. Zealand and Canada,26 ..... and £4.8 million),59 although it remains open for further .... that reviewed insolvency law in the 1980s held back from making .... percent of respondents in Asia said that they would pay more for the shares of a well ... industry trends, business articles and survey research
Responding to James Hardie: insolvency law reforms. | Australia ...
On 12 October 2005, the Federal Government announced plans to reform corporate insolvency law in Australia. The government has signalled its intention to release draft legislation for comment in early 2006, with a view to introducing a bill later in the year. However, some of the changes have already come into effect. For instance, changes to the General Employee Entitlements and Redundancy Scheme (GEERS), detailed below, became effective on 1 November 2005. As part of the reform process, the Government has referred to the Corporations and Markets Advisory Committee (CAMAC) a proposal to protect future personal injury ... industry trends, business articles and survey research
to European equities, with the major indices up 0.4 to 1.5 per cent. The same can’t be said for the US though, highlighting the widening chasm between the real economy and financial market sentiment. A perfect example of this disparity came from three large US manufacturers who not only revealed better-than-expected second quarter results, but showed order books that dispel the idea of a double dip. One company stating that “the worst is behind us”. At its height though, the S&P could only manage a 0.5 per cent lift and actually finished 1.3 per cent lower (1069). Most of the damage was done after Bernanke’s market trends, news research and surveys resources
Harmonisation of Law and Practice on Personal Property Securities Under the ...
A recent amendment to the Qatari Commercial Companies Law No. 5 of 2002 (Companies Law) established, for the first time, a regime for take-over of companies in Qatar Restructuring Debts In and Out of Court (Looper Reed & McGraw PC) There are many reasons why a company may become financially distressed. Once it reaches a point of insolvency, however, management may consider a restructuring of the company’s financial obligations in order to restore the company back to financial health. Recent Developments of Russian Law (Clyde & Co) On 1 January 2009 the Russian Federation cancelled the construction licensing system whereby ... market trends, news research and surveys resources


message - Welcome message
year for corporate and insolvency law reform in Australia. In January 2010, Federal Minister for Corporate Law, Chris. Bowen, announced a package of major ... technology research, surveys study and trend statistics
LS-869: Seventh APEC Finance Ministers Meeting
We, the Finance Ministers of Asia-Pacific Economic Cooperation (APEC), met in Bandar Seri Begawan, Brunei Darussalam, to discuss the regional economy and measures to ensure the sustainable growth necessary for increased economic prosperity in our region. Representatives of the International Monetary Fund (IMF), the World Bank and the Asian Development Bank took part in our discussions. The Deputy Sultan of Brunei Darussalam, His Royal Highness the Crown Prince, Prince Haji Al-Muhtadee Billah, granted an audience to the APEC Finance Ministers and Representatives of the International Financial Institutions (IFIs). His Royal ... technology research, surveys study and trend statistics
Charles Booth | William S. Richardson School of Law
Professor Booth returned to the faculty in January 2006 after spending 16 1/2 years at the University of Hong Kong. He teaches Asian-Pacific Insolvency Law, Second Year Seminar (with a focus on Asian-Pacific Commercial Law Topics), Secured Transactions. Corporate Reorganization, and Equitable Remedies. He is the Founding Director of the Institute of Asian-Pacific Business Law (IAPBL). Professor Booth practiced with Cleary, Gottlieb, Steen & Hamilton in New York from 1984 to 1986, taught in the faculty at the Law School from 1986-89, and taught in the Faculty of Law at the University of Hong from 1989 to 2005 where has also ...
latest webinars
  1. Free Webinar - Personal Property Securities Law in Australia (PPS ...
Join these Webinars to learn more about current research, trends and surveys.
When Ronald Reagan was in office did he borrow money from the ...
No, but he did sign into law the Railroad Retirement Solvency Act in 1983. Here is his speech in the Rose Garden after signing the bill. Just a few months ago, there was legitimate alarm that the Railroad Pension System would soon run out of money. Without legislative action, rail industry pensions would have been reduced by 40 percent beginning this October. In addition, a second crisis has arisen. The Railroad Unemployment and Sickness Insurance System was so insolvent that the interest on its debt to the Rail Pension Fund would exceed its income. It was time to act and act in a spirit of bipartisan cooperation. This bill will ...
How would you describe our present Govt's plan for recovery ...
A complete disaster; no concern for the welfare of the people of this Nation or of their opinions. It is an arrogant and irresponsible plan which will only put us in further debt. This entire administration needs to be booted; enough of the backroom deals and bribes. The corruption is beyond anything we have had before. Asker's Rating: Asker's Comment: Excellent......thanks james There are currently no comments for this question. * You must be logged into Answers to add comments. Sign in or Register . Any well informed person would understand that congress is primarily responsible for the internal affairs of ...