The UK’s Technical Guidance for Official Receivers – a published resource for Australian practitioners and regulators

The Insolvency Service in the UK has issued an updated version of its Technical guidance for Official Receivers[1] in administering corporate and personal insolvencies.   Australia has no real equivalent, certainly in corporate insolvency, and useful practice and legal insights and comparisons can be made.  The UK Official Receiver’s primary function is to administer and investigate […]

Litigation representatives and bankruptcy

A daughter’s evidence that her mother’s litigation and bankruptcy proceedings had become her mother’s “entire life” with her house “full of stacks of paper” and and that the mother had expressed suspicions that her trustee was bugging her phone was not enough to allow a litigation representative to be appointed to the mother’s legal proceedings. […]

NSW registered clubs (law) in trouble, again

What are described as the “arbitrary powers of the NSW Independent Liquor & Gaming Authority (ILGA)” are the subject of a recent critical comments by Insolvency News Online (INO).[1]  Those powers have also been the subject of comment here,[2] not as to their claimed arbitrary nature, but as to why they exist at all. They […]

The new Attorney-General and business bankruptcies

As the new Attorney-General, Senator Michaelia Cash[1] will find her portfolio encompasses the current law reform debate about whether and for how long there should be a period of restriction on a person after the date of their bankruptcy, as opposed to after their corporate failure.  Senator Amanda Stoker[2] as Assistant Minister to the Attorney-General, […]

Move bankruptcy from the Attorney-General to Treasury?

In light of the Attorney-General’s need to transfer some matters of his responsibility, a worthy area to transfer is the law and policy of personal insolvency, or ‘bankruptcy’ to most.  A matter of economics At the moment, corporate insolvency – company liquidations and the like – is handled broadly as a matter of economic policy […]

Neither a borrower nor a lender be – at least to a friend or a relative …

A guarantee given by a mother to a friend of her son for the son’s business debts ended up in court.  There are lessons to again be learned from the outcome; and some law reform suggestions to be considered for SME businesses. Although many people operate their small business through a limited liability company, they […]

Appeals from sequestration orders made by registrars – continued

An appeal from a sequestration order made by a registrar in 2016 is being heard, in 2021. In bankruptcy litigation between a Ms Bechara and a Mr Bates various courts have been found to have made errors in the process of dealing with a purported ‘appeal’ by Bechara from a sequestration order made against her […]

Review of the English Insolvency Rules 2016

The 2016 insolvency rules of England and Wales are being reviewed, in accord with a statutory requirement to do so by 2022. A report on the review must be published within five years of 6 April 2017, the date that the Rules came into force. Australia also (tries to) have statutory reviews of its insolvency […]