Courts professions and regulation

Insolvency practitioners and missing moneys – on-line regulation required

The sentencing hearing in relation to former liquidator Mr Peter Amos was today – 17 June 2024 – adjourned for

The bankruptcy trustee and missing funds, continuing

The court hearing of an Australian bankruptcy trustee who may need to explain missing funds has been adjourned without ceremony

ASIC’s review of offence reporting – RG 16

In response to the PJC Report, although a bit premature, ASIC is reviewing its RG 16, on offence reporting obligations,

“Thousands and thousands of pounds have been lost …”

By way of an update to this post, on 11 June 2024 the Federal Court adjourned the 14 June case

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,

Insolvency Practitioner Registration and Disciplinary Committees

I am pleased to have been appointed by the government as a part‑time member to the Ministerial pool for the

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

Cancellation of a bankruptcy trustee’s registration and freezing orders obtained

The registration of Australian bankruptcy trustee Mr Paul Leroy was cancelled by the Inspector-General in Bankruptcy (IGB) on 2 February

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

Slow pace of litigation and incomprehensible laws

Former Federal Court judge Steven Rares is reported in the AFR[1] as having made several comments about the justice system

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

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

Annual reports 2022-2023: of ASIC – ‘a deliberate strategy of obfuscation so that the public is kept in the dark ….’? and of AFSA

ASIC’s ASIC Annual Report 2022–23 has been released amidst some recent severe criticism of the quality of its annual reports

Regulation of firms offering insolvency services

Further to my earlier post on insolvency practitioner (IP) regulation in the UK, and contrary to expectations,[1] the UK government

‘Masculinity contest cultures’, and gender imbalance?

Evidence before the Parliamentary Joint Committee inquiry into Ethics and Professional Accountability [1] (PJC inquiry) may assist in considering the

ACCC’s new penalty guidelines – some queries

The ACCC has issued new penalty guidelines – Guidelines on ACCC approach to penalties in competition and consumer law matters

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

Cross-border regulation of insolvency practitioners – INSOL Tokyo – where are the government regulators?

This commentary has now been updated.  See The cross-border regulation of insolvency practitioners – Murrays Legal ============================================== I was pleased

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

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

PJC Recommendation – Pre-Insolvency Advisers – Part 1: summary

The full article on this topic of 1800 words, for those interested, looks that the PJC Report recommendations about “untrustworthy

PJC recommendation – pre-insolvency advisers – Part 1

The PJC Report on Corporate Insolvency 2023 has responded to concerns expressed about “untrustworthy pre-insolvency advisers”, those that are said

Sunlight on pre-insolvency advisers

Updated 14.8.23: While pondering the 2023 Parliamentary Joint Committee’s recommendations about pre-insolvency advisers, I am reminded to go back to