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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,
Insolvent insolvency practitioners?
22/12/2021
COVID-19
An Australian insolvency industry body – ARITA – has suggested that the law should be changed to allow insolvency practitioners
UK’s proposed single insolvency regulator – beware Australian comparisons [revised]
22/12/2021
single insolvency regulator
The Insolvency Portal TIP
After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation
Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?
20/12/2021
Treasury
silos
With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations,
Australian MSME insolvency law reform
15/12/2021
Australian lawyers are presently represented at an international gathering of experts to address the need for particular insolvency laws for
Do our insolvency laws suit small business failures?
01/12/2021
ASBFEO
MSME
UNCCA
UNCITRAL
In shopping for a suit recently, I noticed that the Big Store displayed its suits according to brand, which apparently
An insolvency law reform inquiry? first things first….
25/11/2021
ALRC
Harmer Report
rethinking insolvency law
The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian
Proposed New Zealand law restricting investigating accountants taking insolvency appointments
29/10/2021
New Zealand insolvency
investigating accountants
A bill introduced into the New Zealand parliament would mean that if ABC Insolvency Firm took a role as investigating
Rethinking insolvency law – a follow up
20/10/2021
rethinking insolvency law
We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency
Sole traders and insolvency
15/10/2021
Attorney-General
bankruptcy
sole traders
PIPA
A report on the financial business health of Australian small business takes the novel approach of looking at sole traders.
Trust law and insolvency – views of the NSW Chief Justice; law reform prospects
07/10/2021
Corporate Collective Investment Vehicles CCIV
trading trusts
A paper given by the NSW Chief Justice, Tom Bathurst – ‘Commercial trusts and the liability of beneficiaries: are commercial
Electronic delivery of documents in bankruptcy and liquidation – continued
03/10/2021
electronic service
Electronic Transactions Act 1999
In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service
Corporate Collective Investment Vehicles
27/09/2021
managed investment schemes
CCIV
The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable
Reinventing the Australian Insolvency System
13/09/2021
At a seminar on 4 August 2021, Jason Harris and I presented our ideas on reform of the insolvency system
Australian personal insolvency and small business reform in the wake of Covid
11/09/2021
Michaelia Cash
Federal Circuit and Family Court
An overseas publisher has asked me to give an update on the latest in small business bankruptcy law in Australia,
Judicial impartiality report awaits the High Court decision in Charisteas – more dancing on pinheads
10/09/2021
ALRC
judicial independence
Following a recent Australian Law Reform Commission seminar – Impartiality from both sides of the Bench | ALRC – held
Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much
06/09/2021
insolvent trading
safe harbour
The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released,
Objections to a bankrupt’s 3 year discharge in Australia – mixed messages and unfair law
01/09/2021
objection to discharge
Inspector-General in Bankruptcy
Apart from Australian law imposing a long period for a person to be subject to the restrictions and stigma of
You call that a lockdown? Australia’s bankruptcy laws
01/09/2021
lockdown
If those in small business think the lockdowns are tough, for weeks or even months at a time, the government
Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]
23/08/2021
insolvent trading
safe harbour
The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA,
What do creditors get from ‘successful’ recovery actions by insolvency practitioners?
08/08/2021
proportionality
A Judge has ordered that Trustees in bankruptcy file “evidence that identifies the benefits the creditors of the bankrupt estate
Employees’ redundancy rights on the insolvency of their employer
15/07/2021
There are now a number of decisions from the Administrative Appeals Tribunal reviewing decisions of the Fair Entitlements Guarantee where
Australian small business insolvency law – a review
05/07/2021
ASBFEO
Attorney-General
MSME
Treasury
Several stars aligning at the end of 2020-2021 prompt this review of where Australia is at in the area of
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