Inquiries conferences and reports

‘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 …

Australia’s new liquidator registration processes, and its ‘new liquidators’

On 30 December 2020, ASIC issued guidance on the new liquidator registration processes that apply in Australia two days hence …

Australia’s litigation funding market a ‘global hotspot for international investors … many based in tax havens and with dubious corporate histories’ with returns of ‘more than 500%’

The tone and findings of this 454 page report by the Parliamentary Joint Committee on Corporations and Financial Services – Litigation …

The ‘powerhouse’ of small and medium enterprises and their recovery ‘boosted’ by our new insolvency laws

Interesting to know from what [limited] bases journalists get their views … ‘Finally, a fair go for small suppliers’, R …

Does small business count?

This Ombudsman’s follow up report – Small Business Counts – examines small to medium business enterprises (SMEs) from an economics …

Australia’s corporate SME insolvency law may soon become law – and then….

The Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 progressed through a third reading in the Australian parliament on 8 December …

Australia’s small business restructuring practitioners

Australia is proposing a sub-group of liquidator accountants to assist in administering its new corporate SME insolvency laws, set to …

Data Availability and Transparency Bill and Australia’s SME insolvency reforms

Following on some decades of government inattention to the collection of adequate statistical data in insolvency, but with law reforms …

Silos

Where’s personal insolvency nowadays? Australian parliamentary confusion

This rather painful transcript of Senate estimates hearing on 27 October 2020 illustrates many things but in particular how small …

Do the Australian small to medium business insolvency reforms add up?

The numbers upon which the government is relying for the proposed SME reforms[1] don’t seem to add up. Apart from …

Is Australia’s insolvency safe harbour protection working – who knows?

The 2 year review of Australia’s safe harbour protection for directors, due from the government over a year ago, never …

Australia’s insolvency law reforms – useful information from government officers

On 26 October 2020 the Economics Legislation Committee inquired of various Treasury officers about personal and corporate insolvency law reform, …

SME insolvency reforms – a one year bankruptcy and more

The Australian government’s 2015 proposal to reduce the 3 year period for the imposition of the restrictions of bankruptcy to …

ATO’s right to garnishee – a “privileged position … likely to result in failed corporate rescue attempts”?

A recent article Getting the priorities right: ATO garnishee notices in times of corporate distress by Sylvia Villios and David …

Transparency in the selection process of liquidators and trustees

The Insolvency Law Reform Act 2016 introduced some, let’s say, novel provisions in relation to the registration and discipline of …

Who wants to be an SME insolvency practitioner? Australia’s proposed reforms

Australia proposes to follow England’s lead in giving insolvency practitioners the initial role in new debtor in possession insolvency reforms, …

Fightback! SMEs get a new restructuring tool

The federal Treasurer has announced a new restructuring regime for struggling small to medium enterprises (SMEs)[1] which adopts a ‘debtor-in-possession’ …

UK’s plan to give great access to corporate data, beneficial ownership etc

In What has happened to the proposed beneficial ownership of shares register? in February 2020, I asked what has happened …

Some parliamentary reminders for ASIC’s 2020 annual report

The 1 September 2020 report of the Parliamentary Joint Committee on Corporations and Financial Services on the 2018–2019 annual report …

Courts ‘should be wary of [liquidator] disclaimers where environmental liabilities are to be passed onto taxpayers or innocent persons’

A court has set aside liquidators’ disclaimer of contaminated property on a challenge by the environmental regulator. Particularly in a …

Corporate Criminal Responsibility – final ALRC report

The Australian Law Reform Commission report, Corporate Criminal Responsibility (ALRC 136), was tabled in Parliament on 31 August 2020. The …

Insolvency and debtor in possession – hospital or home care?

If Joe thought he might have a serious medical condition, but did not want to go to hospital for a …