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Cross-border and international
Major corporate collapses and the public interest – British Steel and more
18/12/2019
articles
General
UK
public v private
The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are
MYEFO 2019-20 – ASIC, phoenixing and ‘journalists’
17/12/2019
director identity number
phoenix activity
MYEFO
ASIC search fees
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
16/12/2019
articles
General
NZ
UK
Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of
Halifax – a cross-border insolvency
15/12/2019
NZ
letter of request
General
Books and journals
A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through
Review of the CATSI Act 2006
11/12/2019
ILRA
Indigenous corporations
CATSI Act
General
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is
The Future of Australian Law Reform – the five top priorites?
08/12/2019
ALRC
debt management
trading trusts
Reports
The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on
Anti-competitive conduct in the insolvency industry?
03/12/2019
competition law
cartels
General
Law & Practice
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
01/12/2019
phoenix activity
General
Law & Practice
Articles
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were
Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports
30/11/2019
franchises
ALRC
Cross-border insolvency
offence reporting
The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter
Australia’s Official Receiver (in corporate insolvency)
23/11/2019
government liquidator
NZ
UK
official liquidator
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
22/11/2019
NZ
UK
public v private
General
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
19/11/2019
NZ
regulation
UK
coregulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency
Corporate phoenixing – a crime?
16/11/2019
ALRC
phoenix activity
criminal responsibilitry
pre-insolvency advisers
The Australian Law Reform Commission has released a Discussion Paper addressing a number of aspects of its reference on corporate
New Zealand insolvency reform – half a gift card
10/11/2019
gift cards
NZ
General
Articles
The New Zealand government has decided to give consumers with unclaimed gift cards issued by a failed business a priority
Cross-border insolvency – the Canberra session
03/11/2019
foreign representatives
NZ
UK
UNCITRAL Model Law
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
27/10/2019
AFSA
ARITA
ASIC
ATO
Annual reports nowadays are more marketing publications as to various achievements of the relevant agencies and their compliance with statutory
Fair Entitlements Guarantee – powers to demand information
26/10/2019
Fair Entitlements Guarantee - FEG
General
Law & Practice
Articles
The Department of Employment, Skills, Small and Family Business’ Annual Report 2018-2019 provides some information about the Fair Entitlements Guarantee
A bankrupt and ‘one rooster, one peacock, three ducks, and 22 chickens …’
23/10/2019
animals as assets
General
Law & Practice
Articles
A person’s bankruptcy can arise from a host of circumstances, disputes with neighbours and non-compliance with local council requirements being
Small business insolvency – the Ombudsman inquiry
21/10/2019
ASBFEO
MSME
General
Articles
The Australian Small Business and Family Enterprise Ombudsman has established an inquiry into “the insolvency system” to report by February
Do old emails ever die?
15/10/2019
emails
ACCC
General
Law & Practice
A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
14/10/2019
bankruptcy
trusts
Law & Practice
Articles
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
05/10/2019
holding DOCA
UK
General
Books and journals
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws
NZ insolvency practitioner costs recovery fees
02/10/2019
ASIC funding levy
NZ
regulation
UK
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for
‘A good idea’ – assignment of a liquidator’s recovery rights
18/09/2019
UK
assigment of claims
Books and journals
Articles
A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in
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