Law reform
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 ...
Some thinking about insolvency pre-packs, panels and more
In a newspaper article of 20 April 2020* promoting a new ‘restructuring business’, some ‘new thinking’ is offered on changes ...
Reform of insolvency communications by email, and beyond
Corporate insolvency law in Australia concerning communications with creditors needs modernising, and well beyond what is available in 2020. When ...
ARITA’s ‘bushfire and COVID-19’ request to government for funding
ARITA – the main Australian industry body representing insolvency practitioners and lawyers – has asked the government[1] for funding to ...
Managing the insolvency curve – a new government role is needed?
There is expected to be a wave of businesses and individuals going into liquidation or bankruptcy despite the huge financial ...
Just when we have some creditor activism in insolvencies …
Will the current extreme crisis we confront finally stir insolvency creditor activism, but in the wrong way? or further dampen ...
Changes to Australia’s insolvency laws – some different perspectives
The recent changes to Australia’s insolvency laws are being well explained by the experts. These are some comments from me ...
The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?
A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although ...
Too much independence? a re-issue of my 2016 commentary
My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in ...
