Cross-border and international
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 ...
Australian Small Business Ombudsman’s ‘COVID-19 Recovery Plan’ – ‘turnaround and insolvency’
The Australian Small Business and Family Enterprise Ombudsman has issued a COVID-19 Recovery Plan, of May 2020. Within that the ...
Behind the UK government insolvency reforms
The Corporate Governance and Insolvency Bill has been introduced into the United Kingdom Parliament and is due for debate on ...
Executing a search warrant for the property of an insolvent company
Attempts to execute a liquidator’s s 530C search warrant for a large prime mover vehicle led to threats, a ‘long ...
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, ...
Important rules in reviewing registrars’ sequestration orders
Chief Justice James Allsop of the Federal Court of Australia has written, both in his judgments and extra-judicially,[1] of the ...
Preferences paid by company under a DOCA – based upon a reading of the section
A company under a 2013 deed of company arrangement made payments to the Deputy Commissioner of Taxation. The deed was ...
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 ...
Feminist input to the theories of insolvency?
For those who would like to see how it is said that ‘feminist ideals’ are met in one or other ...
Ponzi investors suing ANZ Bank for their losses
The ANZ Bank has failed to have struck out a claim against it by investors in what was the largest ...
New Zealand’s COVID-19 laws on reckless trading and debt hibernation
The COVID-19 Response (Further Management Measures) Legislation Bill has been introduced into the New Zealand parliament is now before the ...
Further Covid-19 Restructuring Survey Results – Australia
In my post of 3 May 2020, I reported on various surveys both during the COVID-19 crisis, and before. One ...
Impact of the Jackson reforms on insolvency litigation in the UK
An April 2020 report in the UK by Professor Peter Walton on the impact of the ‘Jackson’ legal costs reforms ...
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 ...
Australia’s temporary personal debt protection
One of the ‘COVID-19’ bankruptcy reforms made in Australia on 25 March 2020 was to extend the period of 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 ...
UNCITRAL guidance on MSE insolvency – Insolvency Law Bulletin article
An article in the latest Insolvency Law Bulletin[1] reports on the progress of UNCITRAL Working Group V[2] in developing law ...