Bankruptcy and mental ill health

Justice John Logan of the Federal Court has raised some interesting issues in an otherwise straightforward bankruptcy judgment concerning the court’s ability to organise mental

Small business sole trader insolvencies

A recent newspaper report on the trend of insolvencies in small business was interesting for the reason that it acknowledged that many or most businesses

Insolvency practitioners as employees

Updated on 5 March 2024 to refer to a 1996 Explanatory Memorandum in bankruptcy which says that, despite the case law, a person’s status as an

Offence referrals by liquidators

Offence referrals to ASIC by liquidators continue to be contentious and perhaps distracted by the issue of claimed automated decision-making by ASIC itself, although the

Corporations Act redrafting – ch 5?

Some years ago, I suggested to a Treasury officer that Ch 5 of the Corporations Act be redrafted and simplified.  The curt response was, “you

Insolvency statistics 2023

Each of our insolvency regulators, ASIC for corporate, AFSA for personal, has issued its statistics for 2022-2023 right on the eve of Christmas,[1] each presenting

Bankruptcy statistics – more of the same

With the annual personal insolvency statistics for 2022-2023 not yet released, AFSA has released figures for October 2023, showing 951 new personal insolvencies, falling marginally

NZ insolvency practitioner sanctioned

A sanction of a New Zealand liquidator for the poor handling of his matters provides an illustration of New Zealand’s relatively new licensing and co-regulation