Case and statute law

New corporate definitions of director, officer and asset

Following the ALRC’s work on Ch 7 of the Corporations Act, attention has already been given to legislative changes tidying

Insolvency practitioners as employees

A liquidator disciplinary committee has decided that conditions should be imposed on a registered liquidator, arising from his use of

The new Administrative Review Tribunal and law for the relief of insolvent debtors

On 7 December 2023, the government introduced legislation that would abolish the Administrative Appeals Tribunal (AAT) and establish what it
Wildes Meadow

A winding up vs an administration – s 440A(2)

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

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

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

Some while ago, I took an interest in the professional obligation that accountants decided to impose on themselves to respond

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

Australia has some of the longest lag times between employees being paid and taxes being remitted

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

AFSA advises that the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (Cth), came into force on Thursday 23 November 2023. 

Insolvent trading in context

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?

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”

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?

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

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

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

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

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

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

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

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

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

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

ASIC has lost a major Federal Court proceeding brought against a senior and experienced liquidator, Jason Bettles, alleging that his