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Ombudsman’s company insolvency recommendations
21/07/2020
ASBFEO
Ombudsman insolvency inquiry
Articles
The ASBFEO (Ombudsman) has asked that the government fix what is said to be a broken corporate insolvency system in ...
Company deregistration – government’s fast track response to assetless companies
20/07/2020
assetless companies
deregistration
Articles
Fast-tracking insolvent assetless companies through a default de-registration process was introduced, in effect, by the Insolvency Law Reform Act 2016 ...
How is Australia’s safe harbour from insolvent trading working? some survey results
21/06/2020
588G
safe harbour
TMA Australia
588GA
An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of ...
Regulation of insolvency practitioners by accounting bodies
05/06/2020
co-regulation
NZ
regulation
UK
The outcomes of co-regulation of UK insolvency practitioners are explained in a May 2020 report of the ICAEW, with some ...
Australian Small Business Ombudsman’s ‘COVID-19 Recovery Plan’ – ‘turnaround and insolvency’
03/06/2020
ASBFEO
MSME
Ombudsman insolvency inquiry
COVID-19
The Australian Small Business and Family Enterprise Ombudsman has issued a COVID-19 Recovery Plan, of May 2020. Within that the ...
Crime and insolvency, Australian style
17/05/2020
Crime
regulation
UK
Articles
There is not much correlation between crime and insolvency, in my researches, certainly in comparison with crime in the world ...
Surveys of Australian insolvency and turnaround professionals
03/05/2020
technology
COVID-19
TMA Australia
KordaMentha Corporate
An early survey of insolvency professionals in Australia in relation to the impact of COVID-19 reveals an apparent contradiction, that ...
Insolvency practitioner independence – law and practice
23/04/2020
ARITA Code
special purpose
UK
General
One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain ...
Some thinking about insolvency pre-packs, panels and more
20/04/2020
Courts
pre-packs
regulation
UK
In a newspaper article of 20 April 2020* promoting a new ‘restructuring business’, some ‘new thinking’ is offered on changes ...
Lost in my translation – correction to bankruptcy trustee remuneration statistics
04/04/2020
trustee remuneration
Articles
Government
AFSA has properly drawn to my attention that figures I have given about the remuneration of bankruptcy trustees have not ...
ARITA’s ‘bushfire and COVID-19’ request to government for funding
01/04/2020
NZ
COVID-19
General
Articles
ARITA – the main Australian industry body representing insolvency practitioners and lawyers – has asked the government[1] for funding to ...
How to best handle a major airline collapse
14/03/2020
UK
airlines
General
Articles
When a government sets up an inquiry into how to deal with the insolvency of a certain industry, the industry ...
Australia’s inconsistent tax and insolvency laws
13/03/2020
UK
Reports
tax priority
General
Recent research has revealed that although the Australian Taxation Office (ATO) lost its priority in insolvencies in 1993, and was ...
New UK Insolvency Code of Ethics
09/03/2020
referrals
APES 110
APES 330
APESB
A new version of the Insolvency Code of Ethics will apply from 1 May 2020 to all insolvency practitioners in ...
A regulator’s report on insolvency practitioner remuneration
08/03/2020
assetless
General
Law & Practice
Articles
Australia’s bankruptcy trustees receive an average of $4,800 in administering each estate, with 63% of estates paying no remuneration at ...
Obligations to whistleblow
02/03/2020
APES 110
APESB
whistleblowing
CAANZ
Journalists and accountants among others are obliged by NSW law to ‘whistleblow’ – to report to the police – if ...
The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?
01/03/2020
debtor in possession
regulation
UK
UK restructuring
A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although ...
A not so simple fix for franchise insolvency?
22/02/2020
franchises
General
Books and journals
Articles
The financial collapse of a franchisor can have a severe impact on its franchisees but a “simple fix” proposed to ...
What has happened to the proposed beneficial ownership of shares register?
21/02/2020
beneficial ownership
regulation
UK
General
A review of the ASIC Annual Report 2018 by a parliamentary committee was tabled only in February 2020. The report ...
Three year ‘imprisonment’ for bankruptcy debt
09/02/2020
one year bankruptcy
imprisonment for debt
General
Books and journals
Australia has historically been seen as severe in its approach to unpaid debt and opposition to changing the 3 year ...
Don’t be too harsh on non-compliant directors of failed companies?
07/02/2020
directors duties
ROCAP
statement of affairs
General
The laws regulating the conduct of directors of companies in liquidation and laws regulating persons who go bankrupt exist in ...
Review of Australia’s insolvency safe harbour – s 588GA
03/02/2020
insolvent trading
NZ
safe harbour
General
Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the ...
ARITA’s response to the Ombudsman’s small business insolvency inquiry
28/01/2020
ARITA
ASBFEO
MSME
General
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather ...
Ombudsman’s insolvency inquiry and the nature of small business debt
16/01/2020
MSME
Ombudsman insolvency inquiry
General
Law & Practice
The Australian Small Business and Family Enterprise Ombudsman has written a newspaper article about the ‘Insolvency Practices Inquiry’ in the ...
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