Ensuring employees’ super gets paid

The term ‘pussyfooting’ comes to mind when looking at the government’s proposed new ‘tough’ approach to employees’ unpaid super contributions by employers.[1] Varying estimates unpaid are from $2.8m to $5.6 and more, and said to be growing annually. The various enforcement and re-education measures in the 6,600 word Treasury Laws Amendment (Taxation and Superannuation Guarantee […]

What’s up, or on, in insolvency, early in 2018?

The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in relation to insolvency, may assist.  (*and gift cards).   Submissions to government Credit reporting of business tax debts Draft amendments to the Taxation Administration Act 1953 would authorise the ATO to disclose business tax debts […]

Macks v Viscariello – appeal outcome

The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read in full to understand the outcome. As the Full Court of the Supreme Court of South Australia summarises it: Mr Macks’ (the liquidator) appeal is allowed on certain grounds, but dismissed on others. A declaration […]

Release of draft Bankruptcy Amendment (Debt Agreement Reform) Bill 2018

The debt agreements regime under the Bankruptcy Act would be substantially changed in order to give greater confidence in a system which saw an increase of 17.5% in debtors availing themselves of the regime in the September quarter 2017, compared with a paltry 0.1% increase in bankruptcies. Debt agreements in that quarter are the highest […]