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Who should pay for the costs of the administration of an insolvency?
11/06/2022
articles
UK
fees for going bankrupt
A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then
Personal insolvency law and policy under the new Labor government in Australia
06/06/2022
Attorney-General
INSOL Academics
personal insolvency
With the Attorney-General Mr Mark Dreyfus QC in the process of picking up police and other responsibilities from the disbanded
Insolvency practitioner regulation – an Australian story
18/05/2022
co-regulation
practitioner regulation
With the UK government rethinking the regulation of its insolvency practitioners (IPs), moving away from co-regulation to a system more
The UK new international economic crime laws – and Australia compared
12/05/2022
AML/CTF
beneficial ownership
corruption
The UK government has just enacted the Economic Crime (Transparency and Enforcement) Act 2022 which requires overseas entities holding UK
Insolvency disclaimer or state control – furnaces and coke ovens, pyrophoric iron sulphide and methane, effluent lagoons and asbestos …
30/04/2022
disclaimer
environmental
The High Court of Australia has dismissed the liquidators’ application for special leave to appeal in Australian Sawmilling because the
FEG claim against receivers over circulating assets
24/04/2022
Fair Entitlements Guarantee - FEG
circulating assets
Universal Distributing
The Fair Entitlements Guarantee [FEG] scheme through the Commonwealth has obtained orders delaying the deregistration of a company to allow
UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?
20/04/2022
INSOL International
UK insolvency
The first and rather glowing report on the operation of the Insolvency (England and Wales) Rules 2016 has been issued
Judicial Impartiality Final Report – still under wraps
19/04/2022
ALRC
independence
judicial impartiality
The Australian Law Reform Commission handed its Judicial Impartiality Final Report to the Attorney-General, Senator Michaelia Cash on 6 December
Bankruptcy law – no need for prior consent to service by email
06/04/2022
electronic service
email service
Bankruptcy law has been changed to allow service by email without asking the person in advance whether they consent to
Australia’s safe harbour protection from insolvent trading liability, continued
05/04/2022
insolvent trading
safe harbour
The report on Australia’s safe harbour protection for directors (s 588GA) from what is said to be our strict insolvent
Why do we have preference recoveries in insolvency? – updated
23/03/2022
Preferences
The High Court of Australia (Keane and Gleeson JJ) has granted the liquidators special leave to appeal from the Full
Insolvency returns to creditors and other fictions – reissued March 2022
22/03/2022
articles
Statistics
for the benefit of creditors
returns to creditors
Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent.
ASIC’s power to wind up abandoned companies – a drop in the ocean?
20/03/2022
phoenix activity
abandoned companies
ASIC has revised its guidance on the exercise of its powers to order the winding up of an abandoned company,
Government’s law reform of schemes of arrangement a “complete waste of resources when the core problem brewing is in the SME market”
14/03/2022
MSME
schemes of arrangement
Some may agree or not with the “blunt” submission of an Australian liquidator and trustee on the government’s review of
Diversity and inclusion in insolvency
07/03/2022
competition law
Registration and discipline processes
Diversity
Diversity in the qualifications, experience, knowledge and abilities of those in the insolvency industry is the subject of this article,
A recusal application dismissed; ALRC report on Judicial Impartiality awaited
03/03/2022
ALRC
recusal
Justice Steven Rares of the Federal Court of Australia has rejected an application to recuse himself from hearing a matter
Small business insolvency advice via the Ombudsman
01/03/2022
ASBFEO
Attorney-General
bankruptcy
MSME
The federal government’s current focus on personal insolvency law reform coincides with Small Business Month in NSW and the Small
Company owners and sole traders
11/02/2022
In the government’s proposed 5 year review of the Insolvency Law Reform Act 2016 changes, one particular issue needing attention
Australia’s response to money laundering and terrorist financing – a Bill for a Bill
10/02/2022
AML/CTF
director identity number
ASIC search fees
FATF
The Australian parliament’s response to a 2016 recommendation to introduce law to counter money laundering and terrorist financing – by
Australia’s latest MSE and personal insolvency law reform – this is supposed to be a “long-term approach”?
02/02/2022
The Australian government seems to be putting the final touches to reforms of its insolvency law regime that commenced with
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
24/01/2022
electronic service
bankruptcy notices
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
24/01/2022
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set
Deregistered/dissolved companies – let them be?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms,
Deregistered / dissolved companies – let them be?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms,
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