Courts professions and regulation
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 ...
Where’s personal insolvency nowadays? Australian parliamentary confusion
This rather painful transcript of Senate estimates hearing on 27 October 2020 illustrates many things but in particular how small ...
Caution against “reasoning backwards” in assessing the validity of liquidators’ litigation
A judge has cautioned against “reasoning backwards” to assume that insolvency practitioners’ failed or injudicious legal proceedings either should not ...
SME insolvency reforms – a one year bankruptcy and more
The Australian government’s 2015 proposal to reduce the 3 year period for the imposition of the restrictions of bankruptcy to ...
Spent convictions of insolvency practitioners
According to a report from Stuff in New Zealand, a long-established liquidator has been denied permission to continue to practise ...
Transparency in the selection process of liquidators and trustees
The Insolvency Law Reform Act 2016 introduced some, let’s say, novel provisions in relation to the registration and discipline of ...
