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Courts professions and regulation
Australian insolvency practitioner disciplinary decisions – short but to what point?
06/12/2020
articles
industry bodies
regulation
Small Business Restructuring Practitioners (SBRB)
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
19/11/2020
Small Business Restructuring Practitioners (SBRB)
articles
MSME
regulation
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
08/11/2020
data
Statistics
Articles
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
05/11/2020
Attorney-General
Treasury
silos
Articles
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
29/10/2020
conduct of litigation
Delay
regulation
vexatious litigant
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
28/10/2020
Senate Committee
Articles
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
26/10/2020
NZ
spent convictions
Articles
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
17/10/2020
Small Business Restructuring Practitioners (SBRB)
Articles
The Insolvency Law Reform Act 2016 introduced some, let’s say, novel provisions in relation to the registration and discipline of
Choosing practitioners to administer Australian MSME insolvencies
15/10/2020
artificial intelligence
TMA Australia
NZ
safe harbour
The Australian government is presently finalising its draft SME insolvency law reform proposals. Apart from getting the law right, as
Who wants to be an SME insolvency practitioner? Australia’s proposed reforms
11/10/2020
UK
Small Business Restructuring Practitioners (SBRB)
monitors - UK
Articles
Australia proposes to follow England’s lead in giving insolvency practitioners the initial role in new debtor in possession insolvency reforms,
“industry codes with their precepts, guidance and aspirational verbiage cannot dictate the proper construction and application of the relevant statutory provisions”
30/09/2020
ARITA Code
DIRRI
Articles
Soft law in Australia takes a rather strict approach in assessing the independence of insolvency practitioners, more so than, for
Under the Trans-Tasman Mutual Recognition laws, licensed New Zealand insolvency practitioners should be able to practise in Australia …
26/09/2020
NZ
regulation
trans-Tasman
Articles
New Zealand has a new insolvency practitioner regulation regime which commenced on 1 September 2020. The regime has processes allowing
A health check of the Australian corporate insolvency system – updated
23/09/2020
Reports
technology
artificial intelligence
General
Commentary following issued in April 2020 is reissued in September 2020 in light of the reports that a significant proportion
INSOL’s report on practitioner remuneration – another perspective
16/09/2020
INSOL International
Reports
Articles
There is more to insolvency practitioners’ (IP) remuneration than is usually presented, and this commentary explains relevant issues not generally
UK gearing up for major corporate liquidations in ‘unpredictable times for the insolvency sector …’
15/09/2020
public interest
Insolvency Service UK
UK
special managers UK
In what appears to be ominous but necessary preparation for the continued economic consequences of COVID-19, the UK Insolvency Service
Some parliamentary reminders for ASIC’s 2020 annual report
09/09/2020
ASIC annual report
Articles
The 1 September 2020 report of the Parliamentary Joint Committee on Corporations and Financial Services on the 2018–2019 annual report
Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime
25/08/2020
RITANZ
NZICA
cross-border
NZ
The New Zealand Registrar of Companies has approved the first licensing bodies for the commencement of the new regulatory regime
Insolvency and debtor in possession – hospital or home care?
25/08/2020
imprisonment for debt
debtor in possession
one year bankruptcy
UK
If Joe thought he might have a serious medical condition, but did not want to go to hospital for a
New Zealand’s $1 insolvency practitioner regulation levy
19/08/2020
ASIC funding levy
NZ
regulation
Articles
The new New Zealand insolvency practitioner regulation regime, commencing on 1 September 2020, will be funded in part by a
Bankrupt for life?
18/08/2020
statement of affairs
discharge from bankruptcy
Articles
An Australian personal bankruptcy lasts for a minimum of 3 years in Australia – whether it is an overly committed
Can a debtor resist a bankruptcy arising from COVID-19?
14/08/2020
creditor petitions
UK
COVID-19
Articles
So far the courts in Australia have not had to deal with many creditors’ bankruptcy petitions against debtors in the
Australian SME insolvencies – the ATO as the solution?
12/08/2020
single touch payroll
ATO
phoenix activity
regulation
While the government is no doubt considering a range of options to allow the insolvency system to cope with what
The potential for conflicts of interest in professional co-regulation
07/08/2020
co-regulation
independence
regulation
Articles
Referrals to a disciplinary committee of two senior insolvency practitioners with connections prompt my further explanations of Australia’s insolvency practitioner
Australian bankruptcies – falling numbers continue into the new financial year
30/07/2020
Statistics
Temporary debt protection
Articles
The dramatic annual fall in personal insolvencies in Australia to 30 June 2020 has continued with the second half of
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