Abstract

Litigation has been the norm in insolvency matters in the Federal Court of Australia. More recently, the Federal Court has encouraged parties to mediate in order to settle insolvency disputes. This article deliberates on the adaption of two Singaporean initiatives - the use of time constraints in the Arb-Med-Arb Protocol and the Mediation Act 2016 (Singapore) and the use of specialist mediators. The article examines the current situation in Australia including an outline of the National Framework for the Federal Court of Australia. If a time constrained process for ...