Courts professions and regulation
ARITA’s response to the Ombudsman’s small business insolvency inquiry
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather
A liquidator disciplinary decision – some regulatory insights
A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which
Selfies of Australian insolvency practitioners – not looking good …?
Recent Australian academic research reveals an insolvency industry comprising practitioners with low self-identity, lacking in self-confidence and with a limited
The 2020 insolvency practitioner codes
New insolvency practitioner codes have issued in Australia, with the UK and NZ perhaps not far behind. It remains to
Bankrupt’s continued liability for costs
A court has refused parties’ request to retrospectively make an order for costs to avoid the consequences of a time
Insolvency R&B law reform ideas
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt
Insolvency data sharing and access?
A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion
An insolvency safe harbour in New Zealand?
As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand
Why didn’t someone do something? the obligation to whistleblow
There is a current focus on whistleblowing as being one means whereby unlawfulness can be controlled. But what can be
Dealing with MSE insolvency – UNCCA Australia
Earlier in December 2019, LLM candidate and graduate lawyer Samantha Pacchiarotta and final year law student Cassandra Heaslip attended Insolvency
New Zealand insolvency – accrediting the professional bodies
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise
Halifax – no reason why the NZ High Court should not physically sit in Australia …
The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on
MYEFO 2019-20 – ASIC, phoenixing and ‘journalists’
The government’s mid-year economic and fiscal outlook 2019-20 has these interesting items about access to ASIC’s registers, unlawful phoenixing and
Insolvency – some root and branch ideas
Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code
Liquidator’s fees were too low
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were
Australia’s Official Receiver (in corporate insolvency)
Australia adopted much of English corporate law at the beginning of the 20th century but one thing it did not
Breaking a bankruptcy monopoly in New Zealand
There are moves in NZ to break the monopoly of the Official Assignee in personal insolvency by allowing private insolvency
New Zealand – corporate insolvency practitioner regulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency
Cross-border insolvency – the Canberra session
I was pleased to have been involved with others in giving a presentation on UN Day 24 October 2019 to
Insolvency developments in the 2018-19 annual reports – ASIC, AFSA, AGD and ATO
Annual reports nowadays are more marketing publications as to various achievements of the relevant agencies and their compliance with statutory
Small business insolvency – the Ombudsman inquiry
The Australian Small Business and Family Enterprise Ombudsman has established an inquiry into “the insolvency system” to report by February
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws
