Courts professions and regulation
Choosing practitioners to administer Australian MSME insolvencies
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
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”
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 …
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
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
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 …’
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
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
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?
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
The new New Zealand insolvency practitioner regulation regime, commencing on 1 September 2020, will be funded in part by a ...
Bankrupt for life?
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?
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?
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
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
The dramatic annual fall in personal insolvencies in Australia to 30 June 2020 has continued with the second half of ...
Australian bankruptcies fall 42% over the ‘virus’ quarter
Australian personal insolvencies in 2019-2020 have continued to fall, quite dramatically, of over 23% on last year, and over 35% ...
Ombudsman’s company insolvency recommendations
The ASBFEO (Ombudsman) has asked that the government fix what is said to be a broken corporate insolvency system in ...
Company deregistration – government’s fast track response to assetless companies
Fast-tracking insolvent assetless companies through a default de-registration process was introduced, in effect, by the Insolvency Law Reform Act 2016 ...
Down and down – Australian personal insolvency numbers
The first fortnight of July (29 June to 12 July) saw a drop down from 611 to 587 of people ...
Liquidators’ remuneration in Halifax referred to a referee
Going back some years, Australia rejected a single insolvency regulator for its personal insolvency practitioners on the one hand, and ...
How much to regulate an Australian liquidator? a NZ liquidator?
While ASIC is currently taking submissions on its proposed funding charges for the regulation of Australian liquidators, and other groups ...
Managing Australian and New Zealand insolvency practitioners
CAANZ took a worthy leap some years ago in bringing the Australian and New Zealand accounting professions together. Given that ...
New Zealand’s insolvency practitioner regulation regime, from 1 September 2020
A new insolvency practitioner regulation regime for New Zealand will start on 1 September 2020, according to RITANZ, only a ...
