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Some insolvency law reform ideas from Scotland and New Zealand
28/09/2023
New Zealand insolvency
PJC Insolvency Inquiry 2022
Scotland
official receiver
“ … the state is, effectively, paying insolvency practitioners to end the life of small companies … a sub-optimal solution
Australian voluntary administrators appointed as New Zealand interim liquidators
21/09/2023
liquidator registration
New Zealand insolvency
In Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime – Murrays Legal, of August 2020, I explained the
International insolvency case law from New Zealand and the UK
21/08/2022
High Court
Preferences
public examinations
New Zealand insolvency
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a
Class actions and litigation funding – New Zealand law reform report
24/07/2022
class actions
litigation funding
While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law
Proposed New Zealand law restricting investigating accountants taking insolvency appointments
29/10/2021
New Zealand insolvency
investigating accountants
A bill introduced into the New Zealand parliament would mean that if ABC Insolvency Firm took a role as investigating
Cleaning up after failed oil and mining operations – new New Zealand laws, and other ideas
08/08/2021
disclaimer
environmental
mining
oil
The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a
Licensing of insolvency practitioners – decision making principles from New Zealand [updated post 13 June 2021]
13/06/2021
Administrative law
ARITA
NZ
RITANZ
Mr Damien Grant, the New Zealand insolvency practitioner who successfully challenged RITANZ’s decision to deny him the right to practice
Peak indebtedness and other insolvency law views from New Zealand
14/05/2021
costs as provable debts
examination summons
New Zealand insolvency
peak indebtedness
The decision of the Full Federal Court in Badenoch Integrated Logging v Bryant[1] agreeing with New Zealand’s view about the
New Zealand and Australian voluntary administration law
14/01/2021
New Zealand adopted Australia’s Part 5.3A voluntary administration regime some years ago, in Part 15A of its Companies Act 1993.
‘In the ordinary course of business’ in insolvency – why are we following wrong thinking New Zealanders?
15/10/2020
NZ
ordinary course of business
Articles
The term ‘ordinary course of business’ in law is meant to describe a transaction that was within the normal operations
Duties of directors of insolvent companies – New Zealand Supreme Court decision
29/09/2020
articles
directors duties
insolvent trading
NZ
The NZ Supreme Court has given a significant decision on the duties of directors in the face of their company’s
Under the Trans-Tasman Mutual Recognition laws, licensed New Zealand insolvency practitioners should be able to practise in Australia …
26/09/2020
NZ
regulation
trans-Tasman
Articles
New Zealand has a new insolvency practitioner regulation regime which commenced on 1 September 2020. The regime has processes allowing
Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime
25/08/2020
cross-border
NZ
regulation
RITANZ
The New Zealand Registrar of Companies has approved the first licensing bodies for the commencement of the new regulatory regime
New Zealand’s $1 insolvency practitioner regulation levy
19/08/2020
ASIC funding levy
NZ
regulation
Articles
The new New Zealand insolvency practitioner regulation regime, commencing on 1 September 2020, will be funded in part by a
New Zealand’s bankruptcy monopoly – an MP’s parting comments
06/08/2020
NZ
Reports
Official Assignee NZ
Articles
The New Zealand Official Assignee administers all personal insolvencies; it shares the administration of corporate insolvencies with the private sector.
Managing Australian and New Zealand insolvency practitioners
06/07/2020
NZ
regulation
trans-Tasman
Articles
CAANZ took a worthy leap some years ago in bringing the Australian and New Zealand accounting professions together. Given that
New Zealand’s insolvency practitioner regulation regime, from 1 September 2020
03/07/2020
NZ
regulation
RITANZ
UK
A new insolvency practitioner regulation regime for New Zealand will start on 1 September 2020, according to RITANZ, only a
New Zealand’s COVID-19 laws on reckless trading and debt hibernation
08/05/2020
NZ
RITANZ
NZ COVID-19 laws
General
The COVID-19 Response (Further Management Measures) Legislation Bill has been introduced into the New Zealand parliament is now before the
New Zealand insolvency practitioner regulation – possible delay
09/04/2020
NZ
regulation
CPA Australia
General
The new corporate insolvency practitioner licensing regime in New Zealand, due to start in July 2020, may be put off
New Zealand’s COVID-19 insolvency measures – safe harbour; debt hibernation
03/04/2020
NZ
COVID-19
General
Articles
The New Zealand Government has announced it will be introducing legislation to make changes to the Companies Act to help
Cross-border insolvency hearing between Australia and New Zealand
21/02/2020
NZ
letter of request
General
Law & Practice
The Federal Court of Australia requested the High Court of New Zealand to help it jointly hear applications on 18
An insolvency safe harbour in New Zealand?
29/12/2019
NZ
safe harbour
General
Law & Practice
As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand
New Zealand insolvency – accrediting the professional bodies
20/12/2019
NZ
UK
accreditation
General
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for
Breaking a bankruptcy monopoly in New Zealand
22/11/2019
NZ
UK
public v private
General
There are moves in NZ to break the monopoly of the Official Assignee in personal insolvency by allowing private insolvency
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