Written by Condon Associates on 20 June 2011

With all the recent press about a time for change within the profession, a number of proponents have arisen both in support and against various aspects of the circulated recommendations.

I have always supported change provided that it is genuinely aimed at providing a better process and return to those impacted by insolvency and not just a shuffling of either the spoils of the process or control of those spoils for personal benefit.

One place with which to start change, and one that should not be either costly or difficult, would be to establish a section within the Court system that deals specifically with all aspects of insolvency litigation and determination.  Such an environment could have an immediate and profound  impact on the whole process as the Judges assigned to this field would quickly recognise the various players both good and bad, as well as some of the more common ‘plays’ that are conducted by the less scrupulous operating within the business and debt environment.

Court costs could be reduced, unnecessary litigation avoided and issues requiring clarification resolved more quickly by an intense group not only focussed on, but expert in, both the application of the law as well as the development of a stronger system through improved Common Law specific to this industry as well as more substantive guidance to our legislators.

Well, we can at least dream can’t we!

PLEASE NOTE: All information contained in the articles below was correct at time of publishing.