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Case and statute law
Insolvency practitioners as employees
05/03/2024
Registration and discipline processes
employee status
discipline
Updated on 5 March 2024 to refer to a 1996 Explanatory Memorandum in bankruptcy which says that, despite the case law,
New corporate definitions of director, officer and asset
01/02/2024
ALRC
Corporations Act
director
property
Following the ALRC’s work on Ch 7 of the Corporations Act, attention has already been given to legislative changes tidying
The new Administrative Review Tribunal and law for the relief of insolvent debtors
03/01/2024
AAT
legislative drafting
OPC
ART
On 7 December 2023, the government introduced legislation that would abolish the Administrative Appeals Tribunal (AAT) and establish what it
A winding up vs an administration – s 440A(2)
30/12/2023
winding up
DOCA
derisory dividends
The situation where a creditor applies for a winding up of a company under the Corporations Act, and while that
Law reform – small business redundancy exemption removed
29/12/2023
AAT
Fair Entitlements Guarantee - FEG
Fair Work Act
Administrative Review Tribunal
Among the many changes introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 are those in Schedule 1
The AFCA financial complaints scheme and bankruptcy – no appeal
24/12/2023
AFCA
AFSA
divisible property
financial complaints
Further to my case comment below, AFSA has, belatedly, advised that it is not appealing this decision of Justice Rares
NOCLAR – accountants’ reporting of offences
04/12/2023
Some while ago, I took an interest in the professional obligation that accountants decided to impose on themselves to respond
NZ insolvency practitioner sanctioned
01/12/2023
co-regulation
NZICA
New Zealand insolvency
A sanction of a New Zealand liquidator for the poor handling of his matters provides an illustration of New Zealand’s
Australia has some of the longest lag times between employees being paid and taxes being remitted
21/11/2023
single touch payroll
This is a short historical background to the increasing non- or late payment of tax mainly by small businesses –
Bankruptcy Act restructure – when statements of affairs are accepted
21/11/2023
AFSA advises that the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (Cth), came into force on Thursday 23 November 2023.
Insolvent trading in context
08/11/2023
insolvent trading
reckless trading
PJC Insolvency Inquiry 2022
Insolvent trading is one of the many items for review recommended by the Parliamentary Joint Committee report on Corporate Insolvency.
Bankruptcy by mistake – who pays?
01/11/2023
costs
costs certificates
sequestration
trustee remuneration
What started out as a minor dispute over plumbing work for $2,880 descended into the plumber obtaining a judgment for
“Related parties par excellence – company controlled by a wife on the one hand and the husband on the other”
31/10/2023
sequestration
tax
insolvency
When you are employed by your spouse’s company, and you attempt to resist bankruptcy based on your remuneration and support
Rights to appeal – some limits?
24/10/2023
Courts
appeal rights
In dealing with an unmeritorious bankruptcy law appeal, a Federal Court Judge has made a suggestion to limit appeal rights
Voluntary administrators removed as NZ interim liquidators of debtor on independence grounds
14/10/2023
independence
Following the appointment by the New Zealand High Court of Australian voluntary administrators of Probis as New Zealand interim liquidators
Insolvent Trading and Minimal Returns to Creditors in Liquidations
05/10/2023
insolvent trading
deterrence
This is a brief response to a well-researched and thoughtful article by Associate Professor Mark Wellard – Insolvent Trading: Director
The cross-border regulation of insolvency practitioners – insights from INSOL Tokyo
26/09/2023
Cross-border insolvency
practitioner regulation
I was invited to present at the INSOL International Academic Colloquium on 12 September 2023 in Tokyo on the panel
Public interest supports time extension for insolvency recovery action
25/09/2023
extensions of time
public interest
PJC Insolvency Inquiry 2022
Litigation claims brought by insolvency practitioners (IPs) are not like the usual commercial claims on behalf of a commercial, or
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
ASIC v Jones [GD Pork] – insolvency practitioner independence and pre-insolvency advice
01/09/2023
independence
remuneration
PJC Insolvency Inquiry 2022
A court decision concerning insolvency practitioner independence and pre-insolvency advice usefully raises issues recommended for law reform review by the
Penalising cartel conduct – BlueScope Steel: $57m penalty, net profit $2.8b
29/08/2023
penalties
ACCC
The Federal Court has fined BlueScope Steel $57 million for cartel conduct under the Competition and Consumer Act 2010 (Cth)
NZ Supreme Court confirms Mainzeal directors’ liabilities for over NZ$39 million
25/08/2023
insolvent trading
NZ
The Supreme Court of New Zealand has dismissed directors’ appeals from a finding that they must pay over NZ$6 million
15 years for tax fraud – immoral and illegal
23/08/2023
ATO
corporate crime
tax crime
money laundering
Mr Adam Cranston has been sentenced to 15 years jail for his involvement in conspiracies to deprive the Commissioner of
ASIC v Bettles – case dismissed, with costs
21/08/2023
ARITA Code
ASIC
duties of IPs
PJC Insolvency Inquiry 2022
ASIC has lost a major Federal Court proceeding brought against a senior and experienced liquidator, Jason Bettles, alleging that his
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