The Law of Bankruptcy Notices and Creditors’ Petitions, by Nicholas J Simpson, 2020 – a book review

This is a very good and topical Australian text, adequately and accurately described by its title.  My review of it was/is to appear in the expected December issue of the Insolvency Law Bulletin, but publication of that issue is delayed until 2021. So I publish my review here, in 2020. As some Judges have more […]

‘There is no such thing, per se, as “illegal phoenix activity”….’ – ASIC’s application struck out; yet to file its statement of claim

This post is updated on 22 December 2020 to this effect, that ASIC was to have prepared and filed  a statement of claim setting out its detailed claims against Mr Bettles by 16 December 2020, but it did not do so.  Orders were made by the Court on 21 December that ASIC serve its claim […]

The financial viability of personal insolvency practice in Australia

The Australian bankruptcy regulator – AFSA – has been making inquiries about the financial health of bankruptcy trustee firms during what AFSA terms ‘the challenges presented by COVID-19’.   Those challenges have been exacerbated by the protective legislative responses to COVID-19 but the reality is that bankruptcies were falling in numbers the years up to […]