Courts professions and regulation

Keay’s Insolvency – note from the authors – progressive updates since publication

As the authors of Keay’s, and in order to assist readers, we propose to make brief reference to law changes …

ASIC’s review of liquidators for 2017-2018 – continued fall in complaints

This ASIC Report 610 has been released, with some interesting points to note, and questions raised. It largely expands on …

Bills subject to scrutiny

That a bill is introduced into parliament after an extensive period of community consultation does not necessarily mean that it …

The future of the insolvency ‘profession’

I was pleased to have given a presentation on the future of the insolvency profession, at Griffith University’s excellent Professional …

Practitioner’s bankruptcy registration cancelled, and liquidator registration indefinitely suspended

A bankruptcy disciplinary committee has issued its reasons for deciding to cancel the registration of a trustee in bankruptcy, based …

Hayne Report – banks and receivers and agricultural enterprises

The Hayne Royal Commission declined to examine the conduct of receivers appointed by banks, in particular over agricultural enterprises. Nevertheless, …

The costs and time in administering justice

Newspaper analyses of the work of judges by reference to numbers of matters heard, words written and time taken can …

Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada

The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim …

Liquidator’s right to disclaim contaminated land – important decision pending

Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme …

Does insolvency practice constitute a profession?

Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term …

Opportunistic and manipulative insolvency practitioners?

Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is …

Professional body regulation of Australian insolvency practitioners

Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to …

Insolvency Practitioners Regulation Act (NZ) 2019?

A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments, …

Bankruptcy trustees’ performance 2017-2018

AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to …

More soft law – ARITA’s insolvency practice statements

ARITA has released a number of draft Practice Statements for comment.  These Practice Statements are designed to give ‘technical’ guidance …

Revised draft of Australia’s 2014 insolvency code of practice

ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th …

New draft version of APES 330 – Insolvency Services

APESB has issued a long-awaited revision of its insolvency code – APES 330 Insolvency Services – with a view to …

Liquidators – spending money to justify spending money

Charging a second fee to justify charging an initial fee might seem odd but this can be the case when …

Liquidators: “… no obligation to conduct any investigations beyond the bare minimum …”

It has been said of liquidators that in no other profession is a highly qualified professional expected to work for …

Singapore’s new debt restructuring regime – the steak knives are out

Competition between courts and the legal regimes in which they operate is perhaps an odd concept, contrary to the image …