Jurisdiction update, April 29, 2025
New South Wales: director duties on insolvency approach
The problem
Every review team we work with has a version of this problem. New South Wales: director duties on insolvency approach rarely announces itself.
The usual approach is to read for the obvious form of the issue and move on. That catches the clean cases. It misses the ones where the operative language sits somewhere other than where you expect, which in a negotiated document is most of the time.
What we do about it
The register is the deliverable. A finding without an owner and a date is an observation, not a control.
In the current build this runs as part of the standard pass, so it applies to every document in the set rather than only the ones someone thought to check.
Where it breaks
Scanned originals with poor image quality remain the weakest input. So do agreements that were assembled from three precedents and never reconciled, which is common in long-lived supplier relationships.
We will revisit this once we have a larger sample. The current numbers are directional rather than settled.
Working notes from the Lawrs team. General information about legal technology and practice, not legal advice.