Courts professions and regulation
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 ...
Lost in my translation – correction to bankruptcy trustee remuneration statistics
AFSA has properly drawn to my attention that figures I have given about the remuneration of bankruptcy trustees have not ...
New Zealand’s COVID-19 insolvency measures – safe harbour; debt hibernation
The New Zealand Government has announced it will be introducing legislation to make changes to the Companies Act to help ...
Australia’s new fortnightly ‘COVID-19’ personal insolvency statistics
The Australian bankruptcy trustee and regulator AFSA has started to release fortnightly statistics on personal insolvencies in Australia[1] to assist ...
ARITA’s ‘bushfire and COVID-19’ request to government for funding
ARITA – the main Australian industry body representing insolvency practitioners and lawyers – has asked the government[1] for funding to ...
Managing the insolvency curve – a new government role is needed?
There is expected to be a wave of businesses and individuals going into liquidation or bankruptcy despite the huge financial ...
Just when we have some creditor activism in insolvencies …
Will the current extreme crisis we confront finally stir insolvency creditor activism, but in the wrong way? or further dampen ...
The proportion of insolvency practitioners who are women
Around the time of International Women’s Day and more generally there is often discussion about the low proportion of women ...
