Harmonisation of Court Rules – Corporate and Personal Insolvency and Remuneration of Insolvency Practitioners
I refer to the Honourable Justice Brereton’s letter dated 23 December 2015 in which he invited the Insolvency & Reconstruction Law Committee of the Business Law Section of the Law Council of Australia (BLS) to respond to the Working Party on the issue of harmonisation of Court Rules.
Due to the holiday period, many of the Committee’s members have been away and the BLS is therefore not in a position to provide as fulsome a submission as it otherwise might. I would therefore be grateful if you could keep the BLS informed about any opportunity to provide a further submission or comment upon specific amendment proposals.
In this letter, the BLS addresses three aspects of the possible harmonisation of the various Court Rules:
1. Are there differences between the various Federal Court and State Court Rules in relation to corporate insolvency that ought be addressed;
2. Are there differences between the Court Rules relating to corporate insolvency and the Court Rules relating to personal insolvency that ought to be addressed; and
3. Can the Court Rules be harmonised in relation to applications regarding insolvency practitioners’ remuneration?