Cross-border and international
Voluntary administrators removed as NZ interim liquidators of debtor on independence grounds
Following the appointment by the New Zealand High Court of Australian voluntary administrators of Probis as New Zealand interim liquidators ...
Some insolvency law reform ideas from Scotland and New Zealand
“ … the state is, effectively, paying insolvency practitioners to end the life of small companies … a sub-optimal solution ...
The cross-border regulation of insolvency practitioners – insights from INSOL Tokyo
I was invited to present at the INSOL International Academic Colloquium on 12 September 2023 in Tokyo on the panel ...
Australian voluntary administrators appointed as New Zealand interim liquidators
In Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime – Murrays Legal, of August 2020, I explained the ...
Cross-border regulation of insolvency practitioners – INSOL Tokyo – where are the government regulators?
This commentary has now been updated. See The cross-border regulation of insolvency practitioners – Murrays Legal ============================================== I was pleased ...
UK personal insolvency reforms – summary of responses and next steps
In my comments of July 2023 following, I reviewed the 2022 call for evidence in the UK on reform of ...
Principles of Regulation of Insolvency Practitioners – an international standard
This comment was issued in October 2018; it is re-issued in May 2023, but not updated, for interest. The rather ...
World Bank’s B-Ready Report on country business systems, including on the efficiency of corporate insolvency systems
This explains the World Bank’s new Business Ready initiative, which will report on the business systems of up to 180 ...
Personal insolvency reform in Australia
The government is convening a “national roundtable with key stakeholders” on 2 March 2023 in relation to personal insolvency law ...
DOCAs – should ‘not much of a return to creditors but better than the liquidation alternative’ be enough?
Issued June 2021, re-issued January 2023 The WA Supreme Court has dismissed a challenge to deeds of company arrangement (DOCAs) ...
How low can we go – funding the insolvencies of assetless estates
Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a ...
Insolvent assetless MSMEs – all but forgotten?
My commentary of October 2020 is re-issued, for readers’ interest. Does it matter that a company is insolvent such that ...
International insolvency regulators’ conference – some current comparative issues
The International Association of Insolvency Regulators’ Annual Conference was held in England from 26-29 September 2022. Australia’s reported contribution to ...
International insolvency case law from New Zealand and the UK
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a ...
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 ...
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 ...