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Diversity beyond gender in insolvency practice

The law was changed in 2021 to allow greater flexibility for a selection committee to allow a person to be ...

Not cricket

Moving away from cricket [below, 2025], High Court Justice Robert Beech-Jones’ recent speech – Griffith Country, seeking to uphold the ...

Changes in directors’ duties over time – the Marquess of Bute to Star Casino

The 19th century decision concerning the Marquess of Bute, a director and president of the Cardiff Savings Bank, does not ...

“have a glass of champagne … You’re just the person I’m looking for”: the creation of the Australian Law Reform Commission

Michael Kirby has written about how the Australian Law Reform Commission was established in 1975.   “I want to tell you ...

“NZ statutes occupy one page to every 5-6-7 pages in Australia” etc

Over the years there has been quite a bit of judicial and parliamentary banter from New Zealand about Australian insolvency ...

A controversial bankruptcy, from the archives – Alan Bond

The bankruptcy of Alan Bond in the 1990s generated outraged sentiment and language which we may not feel and use ...

New Directions in Bankruptcy 1989-2004 – on AustLII

Those of a certain vintage with an interest in bankruptcy may remember New Directions in Bankruptcy, a publication of the ...

Gambling or hazardous speculations prior to bankruptcy

AFSA is seeking feedback on draft guidance concerning the offence of gambling or hazardous speculations prior to bankruptcy, under s ...

Insolvency Law Bulletin – 25 years

Twenty-five years ago, in August 2000,[1] I launched the Insolvency Law Bulletin through Oliver Freeman’s Prospect Media,[2] supported by an ...

Australian “politicians’ truth crisis” – a disgrace

The ABC reports – Criminologists debunk claims of ‘youth crime crisis’ as data shows dramatic declines – that most youth crime rates ...

Reserve Bank report on insolvency numbers’ “little threat to financial stability”.

Increases or decreases in the number of insolvencies in Australia are used, particularly now, as some sort of political weapon ...

The do-not-call register – penalties according to literature and history

In a long judgment concerning breach of the ‘do not call register’, where 1,102,318 calls were made to numbers on ...

While some firms are “plunging into insolvency”, the numbers are lower or much lower than the long-term average

The Australian newspaper again most usefully reports on the numbers of insolvencies, this time in the building sector – and ...

“Deliberate and ruthless” competition policy in action

The higher than usual number of corporate insolvencies in 2024 may indicate that healthy but tough competition, driving efficiency and ...

Thousands and thousands of business collapses?

A rather dramatic headline, political only, warning that an extra 10,000 businesses will go under by June 2025 might best ...

Insolvency practitioner remuneration – continued ….

A report in a daily newspaper[1] has commented on the large fees earner by liquidators and administrators in attending to ...

Insolvency trends – should they be higher?

Recent figures show trends in insolvencies in Australia – nothing too significant at a macro level though distressing at a ...

Fees of insolvency practitioners and lawyers

The commentary following was issued on 15 August 2021.  It is reissued for historic interest only, perhaps, on the assumption ...

ASIC’s review of offence reporting – RG 16

In response to the PJC Report, although a bit premature, ASIC is reviewing its RG 16, on offence reporting obligations, ...

“Thousands and thousands of pounds have been lost …”

By way of an update to this post, on 11 June 2024 the Federal Court adjourned the 14 June case ...

Small business sole trader insolvencies

A recent newspaper report on the trend of insolvencies in small business was interesting for the reason that it acknowledged ...

Insolvency Practitioner Registration and Disciplinary Committees

I am pleased to have been appointed by the government as a part‑time member to the Ministerial pool for the ...

Punishment for bankruptcy – wearing a yellow and brown bonnet in the public square

A recent book, Re-examining insolvency law and theory – perspectives for the 21st century, comprises chapters on a wide range ...

Language please….!

“Finally on the subject of language, the Commission staff are not to be blamed for the archaic forms of syntax ...