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Cross-border and international
UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?
20/04/2022
INSOL International
UK insolvency
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
01/03/2022
Ombudsman
ASBFEO
Attorney-General
bankruptcy
The federal government’s current focus on personal insolvency law reform coincides with Small Business Month in NSW and the Small
Deregistered / dissolved companies – let them be?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
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?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms,
Insolvent insolvency practitioners?
22/12/2021
COVID-19
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]
22/12/2021
single insolvency regulator
The Insolvency Portal TIP
After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation
Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?
20/12/2021
Treasury
silos
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
17/12/2021
Statistics
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
15/12/2021
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
06/12/2021
penalties
In imposing a $153 million penalty on the Australian Institute of Professional Education, already in liquidation, for its “deliberate and
Any insolvency remuneration review as sought by ASIC “would be unprincipled and ultimately, wholly pointless”
03/12/2021
remuneration review
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?
01/12/2021
Ombudsman
ASBFEO
MSME
UNCCA
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
25/11/2021
Statistics
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….
25/11/2021
ALRC
Harmer Report
rethinking insolvency law
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
31/10/2021
Insolvency Law Bulletin
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
29/10/2021
New Zealand insolvency
investigating accountants
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
20/10/2021
rethinking insolvency law
We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency
Sole traders and insolvency
15/10/2021
Attorney-General
bankruptcy
sole traders
PIPA
A report on the financial business health of Australian small business takes the novel approach of looking at sole traders.
Trust law and insolvency – views of the NSW Chief Justice; law reform prospects
07/10/2021
Corporate Collective Investment Vehicles CCIV
trading trusts
A paper given by the NSW Chief Justice, Tom Bathurst – ‘Commercial trusts and the liability of beneficiaries: are commercial
High Court confirms principles of judicial independence
06/10/2021
independence
judicial independence
The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in
Electronic delivery of documents in bankruptcy and liquidation – continued
03/10/2021
electronic service
Electronic Transactions Act 1999
In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service
Corporate Collective Investment Vehicles
27/09/2021
managed investment schemes
CCIV
The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable
UK insolvency practitioners – “evidence of intimidation, deception, dishonesty and even misappropriation of assets”?
14/09/2021
MSME
practitioner regulation
single insolvency regulator
A very critical report on the insolvency profession in the UK – Resolving-Insolvency-APPG-on-Fair-Business-Banking-and-Humphries-Kerstetter.pdf (appgbanking.org.uk) has come from the All Party
Reinventing the Australian Insolvency System
13/09/2021
At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system
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