Inquiries conferences and reports

AFSA’s annual report on personal insolvency?

The AFSA 2023–24 Annual Report has been released, reporting on the information required under particular public sector legislation.  Unlike ASIC, ...

Insolvency law reform – and income contributions

A 1997 article about the need for data in insolvency law reform, rather than relying on assumptions and anecdotes unsupported ...

A continued fall in personal insolvencies

Personal insolvencies in Australia have continued to fall, if slowly, with 1025 new personal insolvencies in September 2024 dropping from ...

ASIC’s annual report 2023-2024 – Chapter 5 insolvency issues

ASIC has released its 2023-2024 annual report.  ASIC annual reports | ASIC.  Under s 136(1)(ca) of the ASIC Act 2001, ...

The need for a new process for the appointment of insolvency practitioners?

A Judge has expressed concern about the processes for the appointment of insolvency practitioners, suggesting adverse relationships with their lawyers, ...

Gender balance in the insolvency industry

With women comprising only around 10% of insolvency practitioners, the issue of gender balance continues to receive attention, among broader ...

Coercive control and insolvency

ASIC has asked registered liquidators to “stay alert” for signs of family and domestic violence when conducting insolvency administrations.[1]  ASIC ...

Personal insolvency figures up and ‘reforms’ pending

Personal insolvencies increased in July 2024, to 1157 compared with the lows of 851 in June 2024, and 929 in ...

ASIC’s civil penalty regime – an academic review

In the midst of a focus on the enforcement activity of ASIC following a critical Senate Committee report,[1] we have ...

ASIC’s revised guidance on insolvency practitioner offence reporting – RG 16

ASIC has issued revised guidance on insolvency practitioner offence reporting obligations – RG 16 External administrators and controllers: Reporting of ...

Insolvency numbers in decline

Numbers of insolvencies of individuals and companies have fallen dramatically over the years, which we may find represents a fundamental ...

Splitting ASIC 2024 and the 2010 Senate Committee Report

In the discussions about separating ASIC’s tasks following the July 2024 Senate Economics References Committee report – Australian Securities and ...

Some proposed personal insolvency reforms in Australia

With the federal government yet to respond to the PJC Report on corporate insolvency of July 2023, which recommended a ...

Senate report on ASIC’s investigation and enforcement roles – July 2024

The Senate Economics References Committee has issued its Report – Australian Securities and Investments Commission – investigation and enforcement, of ...

“Personal insolvencies increased in May 2024…” – by 3

AFSA reports that “personal insolvencies increased in May 2024”.  They did – by 3 more than in April 2024. Personal ...

The 2023 Parliamentary Joint Committee Report and insolvency law reform?

While the federal government is yet to give its response to the PJC Report on Corporate Insolvency of July 2023, ...

Personal insolvency numbers suffer a slight rise

There is not much to report from the latest personal insolvency figures, save for continued small increases over time.  It ...

Insolvency law terms – what do they mean?

While insolvency law uses many and varied terms to describe its various processes for dealing with an insolvent business, no ...

Insolvency law’s elephants in the room

Professor Jason Harris and I will be presenting a session at INSOL Academics Colloquium in San Diego USA on 22 ...

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 ...

AFCA financial compensation scheme of last resort

The federal government has announced [1] that a compensation scheme for victims of financial services misconduct will start from 2 ...

Report on the Franchising Code of Conduct – and insolvent franchisors

Further to my comments of September 2023 below as to a review of the franchising code of conduct, that review ...

Offence referrals by liquidators

Offence referrals to ASIC by liquidators continue to be contentious and perhaps distracted by the issue of claimed automated decision-making ...

Personal insolvency figures – December 2023

Numbers of personal insolvencies in Australia continue to fall with the December 2023 figure down to 805 compared with 853 ...