Courts professions and regulation

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 ...
Wildes Meadow

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 ...

Liquidators’ remuneration – “most businesses do not charge out that way”

A Judge apologised at the start of his judgment for the length of time he took to determine liquidators’ remuneration.  ...

Liquidator’s registration cancelled by ASIC

A company liquidator has had her registration cancelled following a decision by a statutory disciplinary committee that she had improperly ...

How is Australia’s safe harbour from insolvent trading working? some survey results

An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of ...

Is the Australian insolvency system insolvent?

That is broadly the topic of a paper tentatively titled “the Australian insolvency system (in voluntary administration) – the s ...

Lawyers as directors of insolvency companies – restrictions on right to practise

Queensland lawyers who are directors of an insolvent company or an incorporated legal practice may have their right to practise ...

Leave to proceed against a bankrupt; but with questions about the legal representation

In an employee’s otherwise ordinary unpaid wages case the respondent employer went bankrupt mid- hearing and the employee’s legal representation ...

Regulation of insolvency practitioners by accounting bodies

The outcomes of co-regulation of UK insolvency practitioners are explained in a May 2020 report of the ICAEW, with some ...

Re-naming rights of the bankruptcy regulator

“When I use a word, it means just what I choose it to mean—neither more nor less”.[1] Bankruptcy law allows ...

Australian personal insolvencies falling in number

The number of personal insolvencies in Australia have been falling since the start of the corona crisis, which some might ...

Who is an employee, and who is the employer? Common questions in insolvency administrations

Whether a person is an employee or a contractor, and if an employee, who is the employer, can be important, ...

Crime and insolvency, Australian style

There is not much correlation between crime and insolvency, in my researches, certainly in comparison with crime in the world ...

Surveys of Australian insolvency and turnaround professionals

An early survey of insolvency professionals in Australia in relation to the impact of COVID-19 reveals an apparent contradiction, that ...

Are industry and professional bodies’ disciplinary records protected from court scrutiny?

A liquidator had been the subject of disciplinary proceedings by ARITA in 2018. In later unconnected court proceedings, as a ...

Insolvency practitioner independence – law and practice

One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain ...

Some thinking about insolvency pre-packs, panels and more

In a newspaper article of 20 April 2020* promoting a new ‘restructuring business’, some ‘new thinking’ is offered on changes ...

Cryptoassets, hot and cold wallets, and a liquidation

Was cryptocurrency ‘property’ of a company in liquidation, and was it held on trust for the accountholders? Cryptopia Ltd (in ...

New Zealand insolvency practitioner regulation – possible delay

The new corporate insolvency practitioner licensing regime in New Zealand, due to start in July 2020, may be put off ...