Cross-border and international

Managing Australian and New Zealand insolvency practitioners

CAANZ took a worthy leap some years ago in bringing the Australian and New Zealand accounting professions together. Given that ...

New Zealand’s insolvency practitioner regulation regime, from 1 September 2020

A new insolvency practitioner regulation regime for New Zealand will start on 1 September 2020, according to RITANZ, only a ...

Liquidators’ remuneration – “most businesses do not charge out that way”

A Judge apologised at the start of his judgment for the length of time he took to determine liquidators’ remuneration.  ...

A liquidator who stood to lose fees if his proceedings were not able to proceed

A company liquidator had unpaid fees amounting to $352,383 in his administration of a liquidated company – All Class – ...

Liquidator’s registration cancelled by ASIC

A company liquidator has had her registration cancelled following a decision by a statutory disciplinary committee that she had improperly ...

Powers of attorney – South Australian law reform initiative

The South Australian Law Reform Institute (SALRI) is examining the role and operation of Powers of Attorney in SA and whether ...

How is Australia’s safe harbour from insolvent trading working? some survey results

An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of ...

Gold company director cards?

Directors of companies will finally have an easy way of keeping their company details up to date when the director ...

Insolvency litigation funding – too much hand-holding?

A joint parliamentary inquiry into class actions and litigation funding has set down public hearings throughout July 2020.[1] The inquiry ...

Insolvency Law Bulletin – June 2020

The latest issue of the Insolvency Law Bulletin has just appeared containing a wide range of topics in personal and ...

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 ...