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ARITA’s ‘bushfire and COVID-19’ request to government for funding
01/04/2020
NZ
COVID-19
General
Articles
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?
31/03/2020
NZ
UK
COVID-19
General
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 …
29/03/2020
creditor activism
creditor disengagement
General
Law & Practice
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
24/03/2020
NZ
UK
COVID-19
General
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?
01/03/2020
UK restructuring
moratorium
debtor in possession
regulation
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
23/02/2020
Case law
commentary
independence
Law reform
My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in
Disclosure of business tax debts to credit agencies
22/02/2020
credit reporting
NZ
tax
disclosure of tax debts
Law allowing the Australian Taxation Office (ATO) to disclose tax debt information of businesses – corporate and personal, over AU$100,ooo
Don’t be too harsh on non-compliant directors of failed companies?
07/02/2020
directors duties
ROCAP
statement of affairs
General
The laws regulating the conduct of directors of companies in liquidation and laws regulating persons who go bankrupt exist in
A pointless distinction in corporate insolvency
06/02/2020
UK
pointless
Law & Practice
Articles
In the 19th century, where much corporate insolvency law thinking still remains, a distinction was made between court ordered liquidations
Review of Australia’s insolvency safe harbour – s 588GA
03/02/2020
insolvent trading
NZ
safe harbour
General
Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the
ARITA’s response to the Ombudsman’s small business insolvency inquiry
28/01/2020
ARITA
ASBFEO
MSME
General
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather
Selfies of Australian insolvency practitioners – not looking good …?
22/01/2020
NZ
UK
assetless
IT
Recent Australian academic research reveals an insolvency industry comprising practitioners with low self-identity, lacking in self-confidence and with a limited
Ombudsman’s insolvency inquiry and the nature of small business debt
16/01/2020
MSME
Ombudsman insolvency inquiry
General
Law & Practice
The Australian Small Business and Family Enterprise Ombudsman has written a newspaper article about the ‘Insolvency Practices Inquiry’ in the
Insolvency R&B law reform ideas
01/01/2020
abandoned companies
ASIC fees
government liquidator
UK
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt
An insolvency safe harbour in New Zealand?
29/12/2019
NZ
safe harbour
General
Law & Practice
As Australia is about the review the first two years of operation of its 2017 safe harbour reforms,[1] New Zealand
New Zealand insolvency – accrediting the professional bodies
20/12/2019
NZ
UK
accreditation
General
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for
Small businesses and their financial difficulties – the Ombudsman’s inquiry
20/12/2019
General
Law & Practice
Articles
Government
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise
Insolvency – some root and branch ideas
16/12/2019
articles
General
NZ
UK
Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of
Review of the CATSI Act 2006
11/12/2019
ILRA
Indigenous corporations
CATSI Act
General
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is
The Future of Australian Law Reform – the five top priorites?
08/12/2019
ALRC
debt management
trading trusts
Reports
The Australian Law Reform Commission released its report The Future of Law Reform: A Suggested Program of Work 2020-25 on
Anti-competitive conduct in the insolvency industry?
03/12/2019
competition law
cartels
General
Law & Practice
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code
Australia’s Official Receiver (in corporate insolvency)
23/11/2019
government liquidator
NZ
UK
official liquidator
Australia adopted much of English corporate law at the beginning of the 20th century but one thing it did not
Breaking a bankruptcy monopoly in New Zealand
22/11/2019
NZ
UK
public v private
General
There are moves in NZ to break the monopoly of the Official Assignee in personal insolvency by allowing private insolvency
New Zealand – corporate insolvency practitioner regulation
19/11/2019
NZ
regulation
UK
coregulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency
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