Law reform

One year bankruptcy and other changes – updated and corrected

[commentary of 10 August 2018 corrected and updated as at 14 August 2018]. With parliament having resumed on Monday 13 ...

Insolvency and the environment – some law reform suggestions

While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High ...

A government liquidator, and more

Problems arising from Australia’s lack of a government liquidator have probably been hidden for some years by the choice of ...

Winding up a collective investment vehicle – submissions were due by 10 August

The publication of the 2015 book Insolvent Investments, edited by Stewart Maiden QC (LexisNexis), may have been a surprise to ...

The cost of unlawful phoenix activity – yep ….

PWC’s June 2018 report on the cost of phoenix activity – The Economic Impacts of Potential Illegal Phoenix Activity – ...

Consultation on director identity numbers – responses by 17 August 2018

In the 2018-19 Budget, the Australian government announced that it would modernise the Australian Business Register (ABR) and the ASIC ...

A bankrupt’s travel overseas

Australia is on the outer internationally in imposing restrictions on those who are bankrupt from travelling overseas; they are required ...

New Zealand’s changes to its insolvency laws

Proposed changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, are open for submissions until 24 ...

ASIC’s fees – how high and counter-productive

The article in the Australian newspaper of 2 July 2018, although typically low-brow in its heading – how ASIC gouges ...

Litigation funding of liquidators – the ALRC inquiry

The current law reform inquiry into class actions and their funding may also need to look at the funding of ...

NZ insolvency practitioner co-regulation – new law proposed

In a forthcoming article, I examine an aspect of Australia’s new regime for the (over) regulation of insolvency practitioners, which ...

Australia’s insolvency regime (in administration) – ideas for its restructure

In my preparation for a panel discussion at the major AIIP Insolvency Conference in Canberra on the future of insolvency, ...

The exploitation of cleaners

The Senate Education and Employment References Committee is to conduct an inquiry into the exploitation of general and specialist cleaners ...

The government is really serious this time – law reform protecting employee entitlements

Following the government’s public consultation process on the Reforms to address corporate misuse of the Fair Entitlements scheme consultation paper ...

The tax stories – history regurgitates

Australia’s new 2017 insolvency laws – described by one respected academic as the worst insolvency reforms he has seen in ...

APES 110 – accountants, whistleblowers and safe harbour advisers to note

Increased professional obligations of accountants, and insolvency practitioners, to refer breaches of the law to the authorities, are being considered at ...