Cross-border and international

Class actions and litigation funding – New Zealand law reform report

While Australia is in the midst of some potential change in the law about litigation funding,[1] the New Zealand Law …

Who should pay for the costs of the administration of an insolvency?

A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then …

Insolvency practitioner regulation – an Australian story

With the UK government rethinking the regulation of its insolvency practitioners (IPs), moving away from co-regulation to a system more …

“National interest insolvencies” – creditors vs the public interest?

At a seminar in London on 11 May 2022 – National Interest Insolvencies – Should these be for the State …

The UK new international economic crime laws – and Australia compared

The UK government has just enacted the Economic Crime (Transparency and Enforcement) Act 2022 which requires overseas entities holding UK …

UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?

The first and rather glowing report on the operation of the Insolvency (England and Wales) Rules 2016 has been issued …

Small business insolvency advice via the Ombudsman

The federal government’s current focus on personal insolvency law reform coincides with Small Business Month in NSW and the Small …

Australia on a slide?

I recently drew attention to a Bill – the Anti-Money Laundering and Counter-Terrorism Financing Amendment (Increased Financial Transparency) Bill 2022 …

Deregistered / dissolved companies – let them be?

The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms, …

Deregistered/dissolved companies – let them be?

The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms, …

Insolvent insolvency practitioners?

An Australian insolvency industry body – ARITA – has suggested that the law should be changed to allow insolvency practitioners …

UK’s proposed single insolvency regulator – beware Australian comparisons [revised]

After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation …

Silos

Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?

With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations, …

Australian bankruptcy statistics 2019-2021

Numbers of Australia’s 3 year long bankruptcies were down 46.7% in 2020-2021, producing an average dividend of only 1.63c/$.  The …

Australian MSME insolvency law reform

Australian lawyers are presently represented at an international gathering of experts to address the need for particular insolvency laws for …

Unconscionable and immoral corporate conduct – nothing personal

In imposing a $153 million penalty on a company already in liquidation, for its “deliberate and protracted unconscionable conduct of …

Any insolvency remuneration review as sought by ASIC “would be unprincipled and ultimately, wholly pointless”

From the opening paragraphs, one can foresee the outcome of this decision, about ASIC’s “unprincipled and pointless” intervention to deny …

Do our insolvency laws suit small business failures?

In shopping for a suit recently, I noticed that the Big Store displayed its suits according to brand, which apparently …

High level of business bankruptcies in construction and retail

Latest figures show that nearly 60% of personal bankruptcies in the construction industry were involved in a business, with those …

An insolvency law reform inquiry? first things first….

The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian …

Insolvency Law Bulletin – October 2021 – Halifax, Arrium, MSME insolvency, letters of comfort, and (discretionary) trusts

The latest Insolvency Law Bulletin is out with a range of articles covering current and on-going issues in insolvency law …

Proposed New Zealand law restricting investigating accountants taking insolvency appointments

A bill introduced into the New Zealand parliament would mean that if ABC Insolvency Firm took a role as investigating …

Rethinking insolvency law – a follow up

We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency …

Sole traders and insolvency

A report on the financial business health of Australian small business takes the novel approach of looking at sole traders. …