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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 ...
ASIC’s database, the Productivity Commission and Phoenix misconduct
Three stars have aligned this August – the Productivity Commission’s inquiry into data usage, the government’s pending decision on how ...
Insolvency practitioner remuneration – continued ….
A report in a daily newspaper[1] has commented on the large fees earner by liquidators and administrators in attending to ...
“Shock horror – insolvent people don’t have many assets”
While we wait for the useful annual statistics from AFSA as to dividend returns in bankruptcies in 2022-2023,* an insolvency ...
The government halts its Modernising Business Registers Program after an independent review
The federal government has announced it will stop its Modernising Business Registers (MBR) program following independent review findings that the ...
Sunlight on pre-insolvency advisers
Updated 14.8.23: While pondering the 2023 Parliamentary Joint Committee’s recommendations about pre-insolvency advisers, I am reminded to go back to ...
Looking more at deregistered companies
“Enforcement agencies have long been aware of the role that the abandonment [deregistration] of companies plays in illegal phoenix activity. ...
Judicial Impartiality and the Law on Bias
The Australian Law Reform Commission’s 600 page report on judicial impartiality – Without Fear or Favour: Judicial Impartiality and the ...
Data Availability and Transparency Bill and Australia’s SME insolvency reforms
Following on some decades of government inattention to the collection of adequate statistical data in insolvency, but with law reforms ...
Australia’s proposed MSME insolvency reforms – an international perspective
Australia’s draft legislation to implement its announced MSME corporate insolvency reforms may have drawn more on international than local thinking, ...
Australian SME insolvencies – the ATO as the solution?
While the government is no doubt considering a range of options to allow the insolvency system to cope with what ...
Cryptoassets, hot and cold wallets, and a liquidation
Was cryptocurrency ‘property’ of a company in liquidation, and was it held on trust for the accountholders? Cryptopia Ltd (in ...
Insolvency data sharing and access?
A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion ...
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and ...
ARITA’s 8 (plus?) point plan for insolvency law reform
One of the main insolvency professional bodies in Australia – ARITA[1] – has released what it calls its “8 point ...
The costs and time in administering justice
Newspaper analyses of the work of judges by reference to numbers of matters heard, words written and time taken can ...
Liquidators: “… no obligation to conduct any investigations beyond the bare minimum …”
It has been said of liquidators that in no other profession is a highly qualified professional expected to work for ...
Treasury Laws Amendment (Measures for a later sitting) Bill 2018: Miscellaneous amendments
The law reform process of going through a piece of legislation and picking up minor errors is useful and necessary ...
Intellectual property in insolvency
QUT Law School and Professor Rosalind Mason hosted a talk by US Professor Jason Kilborn of John Marshall Law School, ...
Consultation on director identity numbers – responses by 17 August 2018
In the 2018-19 Budget, the Australian government announced that it would modernise the Australian Business Register (ABR) and the ASIC ...
Review of ASIC’s Annual Report 2016-2017 – 22 June 2018
The House Standing Committee on Economics is conducting an inquiry into ASIC’s 2017 annual report, this Friday 22 June, in ...
ASIC before the PJC – phoenix, DINs, AA Fund and the continuing 3 sins of liquidators
This is a very brief commentary on and extracts from evidence given by Mr James Shipton and others from ASIC ...
The Courts’ Insolvency Rules – their harmonisation and modernisation
The Courts could usefully conduct a review of their corporate and personal insolvency rules, both to address the recent ‘harmonising’ ...
ASIC and the PJC – hellholes, law enforcement, identity, funding, and more
Here are some selected snippets from the transcript of the PJC hearing oversighting ASIC, of 27 October 2017, the last ...
