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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

“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

ASIC’s 2017 annual report – what to expect in insolvency regulation

Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains