Log in
The statutory definition of "insolvency" involves proving a debtor's "inability to pay debts." In corporate insolvency, this definition is found in s123 Insolvency Act 1986. Although s123 has existed for over a hundred years (in various forms), its meaning has not been fully understood. The historical explanation of this definition, found in the underpinning research, as to the true meaning of the definition, has been adopted by the Supreme Court (in May 2013) in BNY Corporate Trustee Services Limited v Eurosail [2013] UKSC 28 in overruling the Court of Appeal's "point of no return" interpretation of s123.
Professor Jude Howell served from 2009-2011 as lead researcher on a fundamental review of the Australian Government's approach to civil society in its developing country aid programmes. She and her collaborators produced a report with seven key recommendations. These led to a new Government policy statement on Effective Governance and a new Civil Society Engagement Framework. The initial impacts of rolling out this Framework in 2012-13 have been 1) significant changes in the Australian Agency for International Development's (AusAID) operations in relation to engagement with civil society at both headquarter and country levels, and 2) a substantial increase in the amount of money and attention going to the non-governmental organisations (NGOs) and other organisations that form the backbone of civil society in the 37 developing countries in which AusAID works.