Law reform

UK gearing up for major corporate liquidations in ‘unpredictable times for the insolvency sector …’

In what appears to be ominous but necessary preparation for the continued economic consequences of COVID-19, the UK Insolvency Service

Insolvency and debtor in possession – hospital or home care?

If Joe thought he might have a serious medical condition, but did not want to go to hospital for a

Bankrupt for life?

An Australian personal bankruptcy lasts for a minimum of 3 years in Australia – whether it is an overly committed

Can a debtor resist a bankruptcy arising from COVID-19?

So far the courts in Australia have not had to deal with many creditors’ bankruptcy petitions against debtors in the

Australian SME insolvencies – the ATO as the solution?

While the government is no doubt considering a range of options to allow the insolvency system to cope with what

New Zealand’s bankruptcy monopoly – an MP’s parting comments

The New Zealand Official Assignee administers all personal insolvencies; it shares the administration of corporate insolvencies with the private sector.

Extension of insolvent trading concessions – flake news?

Someone government person called Andrew is saying that the insolvent trading protections for directors will be extended beyond 25 September

Income of a bankrupt – “even accepting that chattels might … be received as income, a ship is a very different proposition”.

An unlikely case about the salvage of a 120 year old wooden ship – the Defender – has found its

Funding of insolvency claims – the PJC inquiry: revised

A submission by Adelaide academics in relation to insolvency litigation funding came before the Parliamentary Joint Committee on 24 July,

Cross-border proof of an Australian bankruptcy

A certificate of appointment under Bankruptcy Regulation 8.02 in relation to a voluntary bankruptcy should generally be sufficient to support

Ombudsman’s company insolvency recommendations

The ASBFEO (Ombudsman) has asked that the government fix what is said to be a broken corporate insolvency system in

Company deregistration – government’s fast track response to assetless companies

Fast-tracking insolvent assetless companies through a default de-registration process was introduced, in effect, by the Insolvency Law Reform Act 2016

Protected: Australian Insolvency Losers System (in vol admin) – commercial in confidence

There is no excerpt because this is a protected post.

Mainzeal’s NZ$36m reckless trading appeal pending; bankruptcy of director deferred

Liquidators of Mainzeal with a NZ$36m judgment for reckless trading against the company’s directors have failed in an attempt to

New Zealand’s insolvency practitioner regulation regime, from 1 September 2020

A new insolvency practitioner regulation regime for New Zealand will start on 1 September 2020, according to RITANZ, only a

Powers of attorney – South Australian law reform initiative

The South Australian Law Reform Institute (SALRI) is examining the role and operation of Powers of Attorney in SA and whether

Gold company director cards?

Directors of companies will finally have an easy way of keeping their company details up to date when the director

Insolvency litigation funding – too much hand-holding?

A joint parliamentary inquiry into class actions and litigation funding has set down public hearings throughout July 2020.[1] The inquiry

Is the Australian insolvency system insolvent?

That is broadly the topic of a paper tentatively titled “the Australian insolvency system (in voluntary administration) – the s

Australian Small Business Ombudsman’s ‘COVID-19 Recovery Plan’ – ‘turnaround and insolvency’

The Australian Small Business and Family Enterprise Ombudsman has issued a COVID-19 Recovery Plan, of May 2020. Within that the

Behind the UK government insolvency reforms

The Corporate Governance and Insolvency Bill has been introduced into the United Kingdom Parliament and is due for debate on

New Zealand’s COVID-19 laws on reckless trading and debt hibernation

The COVID-19 Response (Further Management Measures) Legislation Bill has been introduced into the New Zealand parliament is now before the

Further Covid-19 Restructuring Survey Results – Australia

In my post of 3 May 2020, I reported on various surveys both during the COVID-19 crisis, and before. One

Australia’s temporary personal debt protection

One of the ‘COVID-19’ bankruptcy reforms made in Australia on 25 March 2020 was to extend the period of a