Inquiries conferences and reports

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 …

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 …

Judicial Impartiality Final Report – still under wraps

The Australian Law Reform Commission handed its Judicial Impartiality Final Report to the Attorney-General, Senator Michaelia Cash on 6 December …

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 …

UK’s proposed single insolvency regulator – beware Australian comparisons [revised]

After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation …

An insolvency law reform inquiry? first things first….

The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian …

Insolvency Law Bulletin – October 2021 – Halifax, Arrium, MSME insolvency, letters of comfort, and (discretionary) trusts

The latest Insolvency Law Bulletin is out with a range of articles covering current and on-going issues in insolvency law …

Trust law and insolvency – views of the NSW Chief Justice; law reform prospects

A paper given by the NSW Chief Justice, Tom Bathurst – ‘Commercial trusts and the liability of beneficiaries: are commercial …

Corporate Collective Investment Vehicles

The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable …

UK insolvency practitioners – “evidence of intimidation, deception, dishonesty and even misappropriation of assets”?

A very critical report on the insolvency profession in the UK – Resolving-Insolvency-APPG-on-Fair-Business-Banking-and-Humphries-Kerstetter.pdf (appgbanking.org.uk)  has come from the All Party …

Reinventing the Australian Insolvency System

At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system …

Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads

Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC  – held …

Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much

The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released, …

ASIC’s corporate plan, and the 27 August hearing before the PJC

With ASIC having appeared before the Parliamentary Joint Committee on Corporations and Financial Services on 27 August 2021, ASIC’s Corporate …

Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]

The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA, …

Cleaning up after failed oil and mining operations – new New Zealand laws, and other ideas

The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a …

Is bankruptcy a life and death issue?

I was startled to be reminded of a regular question in the well-known US General Social Survey whether contemplating or …

An insolvency safe harbour based on culture and tradition?

For years Australia had no ‘safe harbour’ protection for directors from insolvent trading.  In 2017, one was introduced, then three …

Review of the English Insolvency Rules 2016

The 2016 insolvency rules of England and Wales are being reviewed, in accord with a statutory requirement to do so …

‘The Vanishing Criminal – Causes of Decline in Australia’s Crime Rate’ – a book review

This is a very interesting and useful book, trying to explain why Australia’s crime rate has fallen in many areas, …

Australian personal insolvency reform for COVID-19 impacted debtors

The Australian government’s proposed retention of the restrictions of bankruptcy on COVID-19 impacted business proprietors and consumers is questionable, but …

‘Modernising’ insolvency communications

The Australian government’s consultation paper – Modernising Business Communications – Improving the Technology Neutrality[1] of Treasury Portfolio Laws, of December …