Law reform
Anti-money laundering laws to be improved, including registers of beneficial owners
The 2023 budget has allocated funds for action on Anti‐Money Laundering and Counter‐Terrorism Financing (AML) laws, including a beneficial ownership ...
Insolvency law reform in Australia – three underlying concerns
With over 70 submissions from a wide variety of stakeholders and numerous answers to questions on notice, the parliamentary joint ...
Personal insolvency numbers – an increase or a decrease?
While AFSA reports that personal insolvencies increased in number in February 2023, to 796, from 772 in January, this was ...
ASIC’s insolvency law enforcement role
The Senate Economics References Committee is loading up submissions received on its reference into ASIC’s capacity and capability to “undertake ...
Attorney-General’s Roundtable on Personal Insolvency
A summary of priority issues discussed at the Attorney-General’s personal insolvency law reform roundtable held on 2 March 2023 has ...
How low can we go – funding the insolvencies of assetless estates
Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a ...
Business bankruptcies – 6,000 to 9,000 each year
Given that ‘small business’ itself is defined in various ways, none of which is based on the legal structure of ...
Failing fast … five hundred and something days to wrap up a business?
At the PJC inquiry into corporate insolvency, in the context of the 2015 Productivity Commission (PC) Report on Business Entries ...
Parliamentary insolvency inquiry – the business model of insolvency firms
Some fundamental issues about the operation of insolvency law and practice are being raised in the joint parliamentary committee inquiry ...
Abolition of the AAT, and its insolvency law matters
The Administrative Appeals Tribunal is to be abolished we are told and replaced by a new administrative law review body ...
Insolvent assetless MSMEs – all but forgotten?
My commentary of October 2020 is re-issued, for readers’ interest. Does it matter that a company is insolvent such that ...
Rethinking Insolvency Practitioner Remuneration – Insolvency Law Bulletin
Had the decision in Re HRL Limited (in liq) [2022] VSC 693, allowing a “success fee” on insolvency practitioner (IP) ...
The latest Insolvency Law Bulletin – remuneration, trading trusts, financial product collapses, gender, and more
In the latest issue of the Insolvency Law Bulletin, we have an article on a simpler solution to insolvent trading ...
What is it about bankruptcy?
It was November 2015 that the then government announced a proposed reduction in the period of restrictions of bankruptcy to ...
TIP – The Insolvency Portal
My 2022 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in ...
PJC insolvency inquiry – deregistered companies submission
An early submission to the Parliamentary Joint Committee inquiry into corporate insolvency from Mr Russell Morgan, liquidator, of 15 November ...
A productive insolvency regime – who knows?
In the various calls for a holistic review of Australian insolvency law, there is little explanation of what exactly needs ...
The Parliamentary Joint Committee and “small business insolvency”
The terms of reference of the current PJC inquiry into corporate insolvency refer at times to small business but given ...
NSW clubs and their insolvency appointments
The NSW Registered Clubs Act 1976 has a quaint provision – s 41 – providing that an insolvency appointee such ...
The several inquiries into ASIC
There are now several government inquiries into ASIC, directly or indirectly, perhaps indicating either the breadth of ASIC’s remit, or ...
Australia’s review of its corporate insolvency laws – updated
The hearing in relation to the law of set-off and insolvency in Metal Manufacturers Pty Limited Gavin Morton as liquidator ...
Initial industry views on the parliamentary joint committee on corporate insolvency
While submissions to the parliamentary joint committee on corporate insolvency are not due until 30 November 2022, some indication of ...
Ownership is sometimes but not always as it seems – presumptions for, presumptions against, and evidence
A ‘wife’ has succeeded before the High Court in preventing the ATO claiming what it argued was her husband’s interest ...
Insolvency law ministers – personal, corporate, Indigenous, cross-border, employment and more
Relevant federal ministers whose portfolios involve insolvency law are primarily Mr Mark Dreyfuss QC as Attorney-General, Dr Jim Chalmers as ...
