Courts professions and regulation

Deregistered companies – UK reforms and some Australian comparisons

The UK Insolvency Service is to be given powers to investigate directors of companies that have been dissolved, or in …

An insolvency safe harbour based on culture and tradition?

For years Australia had no ‘safe harbour’ protection for directors from insolvent trading.  In 2017, one was introduced, then three …

What is the future of insolvency practice?

The future of insolvency practice lies in artificial intelligence (AI) which this article discussed.  A list of selected articles and …

Silos

World Bank insolvency principles – how does Australia compare?

The World Bank has released its updated Principles for Effective Insolvency and Creditor/Debtor Regimes (the Principles), emphasising the needs of …

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 …

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 …

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 …

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 …

Double suspension as a liquidator and as a trustee

An experienced Australian insolvency practitioner (IP) has had his right to practise as a liquidator suspended by a Court for …

Apprehensions of the fair-minded lay observer – a law reform review of judicial impartiality

The Australian Law Reform Commission has been asked to undertake a review of the laws relating to impartiality and bias …

A proposed change of focus of the Australian Official Trustee in Bankruptcy

The Australian Official Trustee in Bankruptcy (OT) has sought comment on a significant refocus of its legal responsibilities by way …

The directors of Kids Company – “actions of public bodies do not have the effect of dissuading able and experienced individuals from becoming or remaining charity trustees”

A significant English High Court decision has been given refusing to make banning orders against trustees (directors), and the CEO, …

Australia’s “practical insolvency regime … sometimes more of a rough and ready process and not an exact science … a trade-off …”

The Federal Court has dismissed a challenge to deeds of company arrangement of two property development companies and not put …

Liquidator’s registration suspended not cancelled, by agreement

In A liquidator disciplinary decision – some regulatory insights | Murrays Legal Commentary , I reported an AAT decision refusing …

‘Modernising’ insolvency communications

The Australian government’s consultation paper – Modernising Business Communications – Improving the Technology Neutrality[1] of Treasury Portfolio Laws, of December …

Australian root and branch bankruptcy reform – creditors’ rights? Elizabeth (Ist) laws? SMEs? …

While COVID-19 restrictions on creditors in bankruptcy have ended, though now with an increased $10,000 threshold, the experience should prompt …

Australia’s new liquidator registration processes, and its ‘new liquidators’

On 30 December 2020, ASIC issued guidance on the new liquidator registration processes that apply in Australia two days hence …

Bad bankruptcy notices

A bankruptcy notice was found to have been wrongly issued by the Official Receiver because it did not attach a …

The financial viability of personal insolvency practice in Australia

The Australian bankruptcy regulator – AFSA – has been making inquiries about the financial health of bankruptcy trustee firms during …

Bankruptcy threshold to be increased from $5,000 to $10,000

The Australian government has not been ignoring personal insolvency reform in 2020, despite its recent small business reforms dealing only …

Does small business count?

This Ombudsman’s follow up report – Small Business Counts – examines small to medium business enterprises (SMEs) from an economics …

Australian insolvency practitioner disciplinary decisions – short but to what point?

This report of two insolvency practitioner disciplinary decisions in Australia will be brief because the decisions, or their publicly released …

Australia’s small business restructuring practitioners

Australia is proposing a sub-group of liquidator accountants to assist in administering its new corporate SME insolvency laws, set to …

Data Availability and Transparency Bill and Australia’s SME insolvency reforms

Following on some decades of government inattention to the collection of adequate statistical data in insolvency, but with law reforms …