Law reform
Breaking a bankruptcy monopoly in New Zealand
There are moves in NZ to break the monopoly of the Official Assignee in personal insolvency by allowing private insolvency
New Zealand – corporate insolvency practitioner regulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency
NZ insolvency practitioner costs recovery fees
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and
‘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
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
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
Winding up a company for $2,000?
A court has suggested that the minimum debt amount for which a creditor can proceed to apply to wind up
Insolvency practitioner offence reporting – a need for reform
If liquidators in Australia are investigating and reporting to ASIC “thousands” of breaches of the law by those involved in
ARITA’s 8 (plus?) point plan for insolvency law reform
One of the main insolvency professional bodies in Australia – ARITA[1] – has released what it calls its “8 point
Australian insolvency law – current reforms
As in many countries, general elections put law changes and reform on hold pending the new government’s decisions on pending
“Shortcomings of the Model Law on Cross-Border Insolvency (just some)”
Professor Martin Davies of Tulane Maritime Law Center recently offered a critique of the Model Law on Cross Border Insolvency
Insolvency of trading trusts – Keay comments
Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind,
Insolvency returns to creditors and other fictions
Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent.
Unclaimed bankruptcy moneys – new law
Easier processes to recover unclaimed moneys in bankruptcy commence at the end of June 2019. The Official Receiver in Bankruptcy
Bills subject to scrutiny
That a bill is introduced into parliament after an extensive period of community consultation does not necessarily mean that it
Director identity number bill now before parliament
A number of bills broadly concerning the registers of information held by the Commonwealth have been referred to the Senate
Litigation ‘for the benefit of creditors’ – really?
How much do unsecured creditors receive out of a liquidation or bankruptcy from any ‘successful’ judgment obtained by the liquidator
Hayne Report – banks and receivers and agricultural enterprises
The Hayne Royal Commission declined to examine the conduct of receivers appointed by banks, in particular over agricultural enterprises. Nevertheless,
Bad timing? or will Euclid save the day?
Calculation of time limits in law should be straightforward but judges have taken us to the mathematics of Euclid and
A new priority of the Commonwealth – FEG – in an insolvency?
This post, of 18 January 2019, is reissued, for readers’ interest and information. The move generally in insolvency law, and
The costs of lawyer litigants – ‘Chorley’ off to the High Court
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as
What to do about problem debt advisers?
A late submission received by the Senate Economics Committee inquiry into credit and financial services aimed at those at risk
New draft version of APES 330 – Insolvency Services
APESB has issued a long-awaited revision of its insolvency code – APES 330 Insolvency Services – with a view to
