ASIC

APES 110 – accountants, whistleblowers and safe harbour advisers to note

Increased professional obligations of accountants, and insolvency practitioners, to refer breaches of the law to the authorities, are being considered at

Funding personal and corporate insolvency regulation

ASIC and AFSA ASIC The funding of ASIC under the draft ASIC Supervisory Cost Recovery Levy Regulations 2017 by way of

How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company

An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees

Lifting the fear and suppressing the greed – a Senate committee report on penalties for white collar crime

A long awaited Senate committee report on penalties for white collar crime was issued on 23 March 2017 under the

ASIC’s regulation of unlawful phoenix activity – report 513

ASIC’s latest enforcement report – REP 513 ASIC enforcement outcomes: July to December 2016 – says up front that it

New insolvency laws now, with practitioners invited to implement some of the further new law before September

The first tranche of the changes effected by the Insolvency Law Reform Act 2016 commenced on 1 March 2017.  The

New insolvency laws commencing 1 March – Q&A

This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in

The most useful and well researched and argued law reform report for many years – Phoenix Activity: Regulating Fraudulent Use of the Corporate Form

The most useful and well researched and argued law reform report for many years has been issued on what to

ASIC’s industry funding model – draft laws

Drafts of ASIC’s Supervisory Cost Recovery Levy Bill 2017 and related Bills have been released for comment, by 10 March

Assessing the insolvency regulators’ self-assessments – from tea and biscuits to zero tolerance

ASIC has released a report self-assessing itself, according to requirements of the Commonwealth Regulator Performance Framework: Report 511 ASIC self-assessment

Applying to be a bankruptcy trustee – part 2

The interest in this topic is such that some further issues must be explained, for the benefit of applicants and

Umpteen professional bodies regulating insolvency practitioners – overkill? or a spreading of the risk?

The new regulatory regime of insolvency practitioners under the Insolvency Law Reform Act 2016 provides for co-regulation shared between the regulators –

Senate inquiry

On 29 November 2016, the Senate referred the following matters to the Economics References Committee for inquiry and report by

Protected: A CALDB decision against a liquidator under the existing law, and how the new law will operate

There is no excerpt because this is a protected post.

ASIC’s data – the sale is off; now for some decisions….

The government has announced that it is not proceeding with the private sector bids to upgrade and operate ASIC’s registry functions.

Joint insolvency regulat(ion)

The bankruptcy regulator, AFSA, has announced a new approach to its regulation of the 200 trustees in bankruptcy in Australia, focusing

More (and more) government inquiries

Two important Senate inquiries of 2014 and 2015 that lapsed at the election have been reinstated, but still with long

ASIC before the Senate – no more scalps, goodness will prevail; complaints in the “thousands”; and the ASIC database

Senate questioning of ASIC does provide some useful information at times. In the inquiry into ASIC’s 2015 annual report by

Insolvency practitioners’ offence reporting

Although the government is trying to distance any connection between wrongdoing and a company going into liquidation or a person

Liquidators riding a remuneration merry-go-round

The commentaries on how the judges assess, or should assess, the remuneration of liquidators is reaching saturation point, one practitioner likening it

New Zealand – the outlier of international insolvency regulation

Australia and other countries will be relieved that New Zealand is again looking at licensing and regulating its insolvency practitioners.

Director identity numbers, and their frequent flyer equivalents

Among all the numerous recommendations the government has received about corporate insolvency reform, one has now been made three times

Insolvency law reforms – no further delay …

In 2002, an eminent insolvency judge noted a drafting error in Ch 5 of the Corporation Act and recommended in

Joint regulator reports on insolvency practitioners?

What one lawyer has described as ASIC’s 50 page ‘reign of terror’ report on insolvency practitioners, based on its tone