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ASIC before the Senate – no more scalps, goodness will prevail; complaints in the “thousands”; and the ASIC database
29/10/2016
articles
ASIC
commentary
General
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
16/08/2016
General
General
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”
27/11/2023
assetless
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
28/08/2023
phoenix activity
ASIC search fees
ASIC register
ATO
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
13/08/2023
director identity number
single touch payroll
pre-insolvency advisers
beneficial ownership
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
19/07/2023
“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
04/08/2022
judicial impartiality
ALRC 138
bias
independence
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
08/11/2020
data
Statistics
Articles
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
08/10/2020
MSME
UNCITRAL
Articles
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?
12/08/2020
ATO
phoenix activity
regulation
single touch payroll
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
11/04/2020
UK
crypto
Bitcoin
Articles
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?
30/12/2019
ALRC
data collection
General
Articles
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”
19/09/2019
regulation
digital disruption
artificial intelligence
General
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
24/08/2019
unfunded work
Articles
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
03/02/2019
General
Blog
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 …”
19/11/2018
General
Blog
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
06/11/2018
AFSA
ARITA
ASIC
electronic service
The law reform process of going through a piece of legislation and picking up minor errors is useful and necessary
Intellectual property in insolvency
29/07/2018
General
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
14/07/2018
director identity number
New Zealand
General
Articles
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
17/06/2018
ASIC
ASIC annual report
General
Articles
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
21/02/2018
Financial law reform
General
Insolvency profession
Regulators
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
11/12/2017
court rules
Courts
General
General
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
07/11/2017
ASIC
beneficial ownership
director identity number
Ethics
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
25/06/2017
AFSA
articles
ASIC
commentary
Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains
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