In common law countries, the courts have an important role in the development of new insolvency mechanisms. Following the Global Financial Crisis of 2008, a vexed question in many advanced economies was whether the law might contemplate the reduction of mortgage debt of financially stricken households. In the…
Does COVID-19 crisis give us an incentive to rethink our personal insolvency laws?
Millions of Australians have been affected financially by the COVID-19 crisis, whether by loss of employment or business downturn. It is expected that the financial impacts of COVID-19 are likely to persist for months, and even years. So, does this give us cause to reconsider our personal insolvency laws?…
Consumer credit, debt, personal insolvency and the laws that protect us
As household debt increases and disposable income falls, more and more Australians are experiencing financial stress. Senior Lecturer Nicola Howell’s PhD research explores how consumer credit, debt and personal insolvency laws work in practice and whether they provide sufficient protection, particularly for those that are vulnerable or disadvantaged.…