Applications for Advice from Courts By Insolvency Practitioners

The University of Queensland TC Beirne School of Law Research Paper No. 07-20

Company and Securities Law Journal, Vol. 25, pp. 406-417, 2007

14 Pages Posted: 27 Sep 2007

See all articles by Colin J. Anderson

Colin J. Anderson

Queensland University of Technology - Faculty of Law

David S. Morrison

The University of Queensland - T.C. Beirne School of Law

Abstract

This article examines the nature of the powers of insolvency practitioners in applying for advice from the courts. It examines first the policy justification for granting these unusual rights to insolvency practitioners having regard to the nature of the work undertaken in the modern insolvency context. Second, the notion that subtle differences exist in relation to seeking advice from the courts in different types of administrations is explored. The question then as to whether it is appropriate that such differences exist, given that the policy basis of an insolvency practitioner seeking advice in different administrations does not appear to be different, is considered. Conclusions are drawn in favour of a consistent approach across all types of administration and suggestions are made for the legislation to be altered to provide a single set of provisions around this issue.

Suggested Citation

Anderson, Colin J. and Morrison, David S., Applications for Advice from Courts By Insolvency Practitioners. The University of Queensland TC Beirne School of Law Research Paper No. 07-20, Company and Securities Law Journal, Vol. 25, pp. 406-417, 2007, Available at SSRN: https://ssrn.com/abstract=1015984

Colin J. Anderson

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia
+61 7 3138 1099 (Phone)
+61 7 3138 2121 (Fax)

David S. Morrison (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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