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Courts professions and regulation
UK insolvency practitioners to come under direct government regulation
17/07/2023
co-regulation
UK
IP regulation
PJC Insolvency Inquiry 2022
At the same time that the chair of the Australian PJC inquiry into corporate insolvency, Senator Deborah O’Neill, said that
Cancellation of a liquidator’s registration
09/07/2023
ASIC
practitioner regulation
While England is still deciding whether to change its system of insolvency practitioner regulation from one of co-regulation by professional
Should the firms of insolvency practitioners be regulated, along with the practitioner?
23/06/2023
Insolvency Service UK
IP regulation
PJC Insolvency Inquiry 2022
firms
While Australia is currently focusing on the standards of conduct of accounting firms, and their partners – see Ethics and
Anti-money laundering laws to be improved, including registers of beneficial owners
11/05/2023
AUSTRAC
Register
trusts
PJC Insolvency Inquiry 2022
The 2023 budget has allocated funds for action on Anti‐Money Laundering and Counter‐Terrorism Financing (AML) laws, including a beneficial ownership
Insolvency practitioner independence – how commercial is the fair-minded observer?
04/05/2023
independence
A pending WA appeal decision may address the issue of the extent to which commercial considerations surrounding the appointment of
Now we have three Part 5.3B restructuring practitioners
01/04/2023
ASIC
Small Business Restructuring Practitioners (SBRB)
One more person has been appointed as a restructuring practitioner to conduct administrations under Part 5.3B of the Corporations Act
Liquidator discipline outcome – reasons unknown
17/03/2023
ASIC
Registration and discipline processes
A discipline committee has cancelled the registration of a liquidator but declined to publish its reasons for doing so. ASIC
Breach of an undertaking not to enter insolvency, an undertaking that was “not worth the paper it was written on”
17/02/2023
contempt
penalties
In a penalty judgment against GetSwift, Justice Michael Lee had some comment to make about GetSwift’s entry into voluntary liquidation
How low can we go – funding the insolvencies of assetless estates
20/01/2023
articles
General
NZ
UK
Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a
Bankruptcy data 2021-2022 – rates of return, fees etc
07/01/2023
data
Statistics
At the end of 2022, AFSA quietly released detailed data on the operation of the personal insolvency system in 2021-2022.
Relationships of a liquidator and conflicts of interest
30/12/2022
independence
funeral fund
special purpose liquidator
A general purpose liquidator has been found to have had a conflict of interest because a former legal adviser to
Penalties imposed on debt agreement administrator for false and misleading, threatening and coercive conduct against debtors
16/12/2022
AFSA
ASIC
debt agreements
ASIC has succeeded in obtaining penalties against A & M group for false and misleading threatening and coercive conduct against
Abolition of the AAT, and its insolvency law matters
16/12/2022
AAT
objection to discharge
The Administrative Appeals Tribunal is to be abolished we are told and replaced by a new administrative law review body
The gender gap in insolvency
14/12/2022
gender
Insolvency Law Bulletin
gender essentialism
An article in the latest Insolvency Law Bulletin – The gender gap among Australian liquidators,[1] by Paulina Fishman – comments
Rethinking Insolvency Practitioner Remuneration – Insolvency Law Bulletin
06/12/2022
remuneration
Had the decision in Re HRL Limited (in liq) [2022] VSC 693, allowing a “success fee” on insolvency practitioner (IP)
The latest Insolvency Law Bulletin – remuneration, trading trusts, financial product collapses, gender, and more
06/12/2022
gender
trading trusts
In the latest issue of the Insolvency Law Bulletin, we have an article on a simpler solution to insolvent trading
PJC insolvency inquiry – deregistered companies submission
16/11/2022
assetless companies
PJC Insolvency Inquiry 2022
An early submission to the Parliamentary Joint Committee inquiry into corporate insolvency from Mr Russell Morgan, liquidator, of 15 November
NSW clubs and their insolvency appointments
03/11/2022
Registered clubs
The NSW Registered Clubs Act 1976 has a quaint provision – s 41 – providing that an insolvency appointee such
The several inquiries into ASIC
31/10/2022
ASIC
ILRA
PJC Insolvency Inquiry 2022
FRAA
There are now several government inquiries into ASIC, directly or indirectly, perhaps indicating either the breadth of ASIC’s remit, or
International insolvency regulators’ conference – some current comparative issues
25/09/2022
AFSA
ASIC
IAIR
The International Association of Insolvency Regulators’ Annual Conference was held in England from 26-29 September 2022. Australia’s reported contribution to
Corporate plans of the insolvency regulators
08/09/2022
ASIC corporate plan
AFSA corporate plan
The corporate plans of Australia’s two insolvency regulators have been released – AFSA and ASIC In order to assist in
Lawyers’ “grossly inflated” costs estimates
22/08/2022
legal costs
A Judge has dismissed a respondent’s application for security for costs that contained estimates that were “grossly inflated, far beyond
International insolvency case law from New Zealand and the UK
21/08/2022
High Court
Preferences
public examinations
New Zealand insolvency
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a
One small business restructuring practitioner
11/08/2022
Reforms to corporate insolvency laws commenced on 1 January 2021 to assist companies with liabilities less than $1 million. These
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