Inquiries conferences and reports
Insolvency R&B law reform ideas
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt
Insolvency data sharing and access?
A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion
Why didn’t someone do something? the obligation to whistleblow
There is a current focus on whistleblowing as being one means whereby unlawfulness can be controlled. But what can be
The Australian Academy of Law 2019 prizewinners
The Australian Academy of Law awards annual essay and other prizes. On 7 December 2019, the essay prize of $10,000
Dealing with MSE insolvency – UNCCA Australia
Earlier in December 2019, LLM candidate and graduate lawyer Samantha Pacchiarotta and final year law student Cassandra Heaslip attended Insolvency
New Zealand insolvency – accrediting the professional bodies
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise
MYEFO 2019-20 – ASIC, phoenixing and ‘journalists’
The government’s mid-year economic and fiscal outlook 2019-20 has these interesting items about access to ASIC’s registers, unlawful phoenixing and
Halifax – a cross-border insolvency
A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through
Review of the CATSI Act 2006
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code
Liquidator’s fees were too low
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were
Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports
The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter
Cross-border insolvency – the Canberra session
I was pleased to have been involved with others in giving a presentation on UN Day 24 October 2019 to
Insolvency developments in the 2018-19 annual reports – ASIC, AFSA, AGD and ATO
Annual reports nowadays are more marketing publications as to various achievements of the relevant agencies and their compliance with statutory
Small business insolvency – the Ombudsman inquiry
The Australian Small Business and Family Enterprise Ombudsman has established an inquiry into “the insolvency system” to report by February
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws
‘A good idea’ – assignment of a liquidator’s recovery rights
A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in
ASIC’s deterrence message – “no point just communicating this into the Fin Review”.
ASIC gave some useful insights before the recent Senate oversight hearing[1] on 13 September as to the reality of the
Use of referees in insolvency litigation
Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees
ASIC’s period of external scrutiny
The Australian Securities and Investments Commission is properly subject to parliamentary oversight, apart from the on-going scrutiny it receives from
Climate change and the law
Here are details of two recent events on climate change and the law, followed by details of a range of
Regulation of Australian insolvency practitioners – UK and NZ compared
I am pleased to be soon presenting to various groups on the regulation of Australian insolvency practitioners, with some comparisons
International Association of Insolvency Regulators’ Conference – 2019
Australia is attending and presenting at the annual insolvency regulators’ conference, along with regulators from the UK, the US, New
