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Small business sole trader insolvencies
08/03/2024
PJC Insolvency Inquiry 2022
MSMEs
Statistics
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
05/03/2024
Fair Entitlements Guarantee - FEG
Compensation Scheme of Last Resort
moral hazard
AFCA
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
08/02/2024
franchises
PJC Insolvency Inquiry 2022
ACCC
Further to my comments of September 2023 below as to a review of the franchising code of conduct, that review
Offence referrals by liquidators
07/02/2024
offence reporting
PJC Insolvency Inquiry 2022
section 533 reports
ASIC
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
01/02/2024
Statistics
AFSA
Numbers of personal insolvencies in Australia continue to fall with the December 2023 figure down to 805 compared with 853
New corporate definitions of director, officer and asset
01/02/2024
Corporations Act
director
property
ALRC
Following the ALRC’s work on Ch 7 of the Corporations Act, attention has already been given to legislative changes tidying
Corporations Act redrafting – ch 5?
23/01/2024
ALRC 141
Corporations Act
OPC
Some years ago, I suggested to a Treasury officer that Ch 5 of the Corporations Act be redrafted and simplified.
Insolvency statistics 2023
30/12/2023
Statistics
Each of our insolvency regulators, ASIC for corporate, AFSA for personal, has issued its statistics for 2022-2023 right on the
Bankruptcy statistics – more of the same
01/12/2023
Statistics
With the annual personal insolvency statistics for 2022-2023 not yet released, AFSA has released figures for October 2023, showing 951
Language please….!
28/11/2023
grammar
language
“Finally on the subject of language, the Commission staff are not to be blamed for the archaic forms of syntax
Personal insolvency numbers – July-Sept 2023
27/11/2023
Statistics
With the annual personal insolvency statistics for 2022-2023 not due until December 2023, AFSA has released a quarterly report for
“Shock horror – insolvent people don’t have many assets”
27/11/2023
assetless
While we wait for the useful annual statistics from AFSA as to dividend returns in bankruptcies in 2022-2023,* an insolvency
Insolvent trading in context
08/11/2023
reckless trading
PJC Insolvency Inquiry 2022
insolvent trading
Insolvent trading is one of the many items for review recommended by the Parliamentary Joint Committee report on Corporate Insolvency.
Annual reports 2022-2023: of ASIC – ‘a deliberate strategy of obfuscation so that the public is kept in the dark ….’? and of AFSA
18/10/2023
AFSA annual report
ASIC annual report
ASIC’s ASIC Annual Report 2022–23 has been released amidst some recent severe criticism of the quality of its annual reports
Regulation of firms offering insolvency services
17/10/2023
single insolvency regulator
firms
co-regulation
Further to my earlier post on insolvency practitioner (IP) regulation in the UK, and contrary to expectations,[1] the UK government
‘Masculinity contest cultures’, and gender imbalance?
14/10/2023
PJC Insolvency Inquiry 2022
firms
gender
Evidence before the Parliamentary Joint Committee inquiry into Ethics and Professional Accountability [1] (PJC inquiry) may assist in considering the
Insolvent Trading and Minimal Returns to Creditors in Liquidations
05/10/2023
deterrence
insolvent trading
This is a brief response to a well-researched and thoughtful article by Associate Professor Mark Wellard – Insolvent Trading: Director
Some insolvency law reform ideas from Scotland and New Zealand
28/09/2023
PJC Insolvency Inquiry 2022
Scotland
official receiver
streamlined liquidation
“ … 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
26/09/2023
practitioner regulation
Cross-border insolvency
I was invited to present at the INSOL International Academic Colloquium on 12 September 2023 in Tokyo on the panel
Public interest supports time extension for insolvency recovery action
25/09/2023
public interest
PJC Insolvency Inquiry 2022
extensions of time
Litigation claims brought by insolvency practitioners (IPs) are not like the usual commercial claims on behalf of a commercial, or
Cross-border regulation of insolvency practitioners – INSOL Tokyo – where are the government regulators?
17/09/2023
INSOL Academics
practitioner regulation
Cross-border insolvency
This commentary has now been updated. See The cross-border regulation of insolvency practitioners – Murrays Legal ============================================== I was pleased
The government halts its Modernising Business Registers Program after an independent review
28/08/2023
phoenix activity
ASIC search fees
ASIC register
ATO
The federal government has announced it will stop its Modernising Business Registers (MBR) program following independent review findings that the
PJC Recommendation – Pre-Insolvency Advisers – Part 1: summary
17/08/2023
PJC Insolvency Inquiry 2022
pre-insolvency advisers
The full article on this topic of 1800 words, for those interested, looks that the PJC Report recommendations about “untrustworthy
PJC recommendation – pre-insolvency advisers – Part 1
17/08/2023
UK
pre-insolvency advisers
PJC Insolvency Inquiry 2022
AFCA
The PJC Report on Corporate Insolvency 2023 has responded to concerns expressed about “untrustworthy pre-insolvency advisers”, those that are said
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