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Winding up a foreign company – Blumenthal’s Tipsy Cake

Tipsy Cake was wound up on 12 February 2020, having had provisional liquidators appointed on 20 December 2019, who then …

Cafés and restaurants – at a tipping point, in 2018, and now?

In light of current (July 2019) reports about restaurants’ tax [non] compliance, my article of a year ago, 15 July …

TIP – The Insolvency Portal

My 2018 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in …

Association of Independent Insolvency Practitioners’ Third National Insolvency Conference

“Are you ready to rumble” in the insolvency jungle was the opening question at the Association of Independent Insolvency Practitioners …

Australia’s safe harbour protection from insolvent trading liability, continued

The report on Australia’s safe harbour protection for directors (s 588GA) from what is said to be our strict insolvent …

Australia on a slide?

I recently drew attention to a Bill – the Anti-Money Laundering and Counter-Terrorism Financing Amendment (Increased Financial Transparency) Bill 2022 …

UK’s proposed single insolvency regulator – beware Australian comparisons [revised]

After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation …

Australian MSME insolvency law reform

Australian lawyers are presently represented at an international gathering of experts to address the need for particular insolvency laws for …

Electronic delivery of documents in bankruptcy and liquidation – continued

In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service …

Trustee “entirely blameless” in his dealings with a mentally infirm bankrupt

While there is now greater training available in dealing with those suffering mental illness for professionals working in debt counselling …

Virgin Airlines – special leave to appeal granted by the Australian High Court on a matter of the interpretation of the Cape Town Convention

Further to my report of 4 April 2021 below, the High Court of Australia has granted special leave to appeal …

A proposed change of focus of the Australian Official Trustee in Bankruptcy

The Australian Official Trustee in Bankruptcy (OT) has sought comment on a significant refocus of its legal responsibilities by way …

‘Modernising’ insolvency communications

The Australian government’s consultation paper – Modernising Business Communications – Improving the Technology Neutrality[1] of Treasury Portfolio Laws, of December …

UK gearing up for major corporate liquidations in ‘unpredictable times for the insolvency sector …’

In what appears to be ominous but necessary preparation for the continued economic consequences of COVID-19, the UK Insolvency Service …

IP remuneration 2020

INSOL’s remuneration Report – another perspective   Insolvency practitioner remuneration is the subject of much comment and analysis, but not …

Halifax – no reason why the NZ High Court should not physically sit in Australia …

The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on …

Halifax – a cross-border insolvency

A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through …

Corporate phoenixing – a crime?

The Australian Law Reform Commission has released a Discussion Paper addressing a number of aspects of its reference on corporate …

Insolvency of trading trusts – Keay comments

Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind, …

Building security of payment laws – the impact of the claimant’s insolvency

Now that we have some consistent security of payment laws across the states and territories protecting building sub-contractors, there is …

A regulator ‘getting tough’

This broadcast – Getting tough on untrustworthy advisors – in fact comes from the bankruptcy regulator, AFSA, about what it …

Some cross-border insolvency items from Australia and England

Two cross-border insolvency papers from Australian Judges; a scheme judgment from the UK, with the Judge criticising the parties, saying …

ASIC’s new insolvency ‘ROCAP’ – the Report On Company Activities and Property

The long history of the report as to affairs in corporate insolvency – the RATA – which started about 1890, …

Australia’s insolvency regime (in administration) – ideas for its restructure

In my preparation for a panel discussion at the major AIIP Insolvency Conference in Canberra on the future of insolvency, …