Bankruptcy in Australia

The book "Bankruptcy in Australia: A Guidebook" by Paul McQuade is a comprehensive resource on bankruptcy law in Australia. Here is a detailed overview of the book:

Key Themes

1. Bankruptcy Legislation: The guidebook covers the key aspects of bankruptcy legislation in Australia, including the Bankruptcy Act 1966 and its amendments.
2. Bankruptcy Proceedings: It guides users through the natural order of a bankruptcy proceeding, from the initial petition to the final discharge.
3. Insolvency Law: The book provides an in-depth analysis of insolvency law, including corporate insolvency and personal insolvency.
4. Practical Commentary: It offers a practical commentary-style service, making it useful for both legal professionals and individuals dealing with bankruptcy.

Plot Summary

The book is structured to follow the natural order of a bankruptcy proceeding. It covers topics such as:

• Petitioning for Bankruptcy: The process of initiating a bankruptcy petition and the requirements for doing so.
• Bankruptcy Orders: The different types of bankruptcy orders and how they are obtained.
• Trustee Appointments: The role of the trustee in managing the bankrupt estate and distributing assets.
• Debtor’s Obligations: The responsibilities of the debtor during the bankruptcy period, including the requirement to provide financial information and comply with the trustee’s instructions.
• Creditor’s Rights: The rights and options available to creditors during the bankruptcy process, including the ability to object to discharge or seek further action.
• Discharge from Bankruptcy: The conditions and process for obtaining a discharge from bankruptcy.

Critical Reception

While there is no direct critical reception of the book in the form of reviews, Paul McQuade's expertise in insolvency law is widely recognized. Here are some excerpts from his professional profile:

• Chambers & Partners Asia Pacific: Ranked in Band 1 for Insolvency & Restructuring (The Bar: Australia) in 2025, with praise for his encyclopedic knowledge of insolvency law and methodical approach.
• Australian Financial Review’s Best Lawyers: Listed in the Best Lawyers for Insolvency and Reorganisation from 2017 to 2024, and Alternative Dispute Resolution in 2024.

Publication Details

The book was published by the Law Book Company in Sydney in 1994. It is available in a loose-leaf format with 12 months of updating releases. The ISBN is 0455212546.

Additional Resources

For those interested in more recent updates or additional resources on bankruptcy in Australia, Thomson Reuters offers a guidebook that provides a concise and practical commentary on bankruptcy proceedings. The Supreme Court Library of Queensland also lists the book as part of their catalogue, indicating its relevance and utility in the field of bankruptcy law.