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“Shock horror – insolvent people don’t have many assets”
27/11/2023
assetless
While we wait for the useful annual statistics from AFSA as to dividend returns in bankruptcies in 2022-2023,* an insolvency
The business structures of SMEs
06/11/2023
directors duties
MSME
trusts
pre-insolvency advisers
A recent article in the Australian Business Law Review – Not in isolation: The Rationale for a Combination of Business
Marginal annual increase in personal insolvencies said to be in line with high numbers forecast
28/08/2023
AFSA
remuneration
Statistics
PJC Insolvency Inquiry 2022
There was a total of 9,930 personal insolvencies in Australia in the 2022–23 financial year – around 4% higher than
Peak indebtedness and preferences – an Australian authority now “offering a considered analysis of the rule”
08/02/2023
Preferences
New Zealand insolvency
The High Court of Australia has found that the peak indebtedness rule has no place in Australian law in the
Repair and maintenance
20/12/2022
The operating system of Murrays Legal is undergoing repair and maintenance, to address a slow-down in its usual thoughtful articles
Can insolvency practitioners afford to be generous?
20/06/2022
AFSA
bankruptcy
trustee remuneration
R3
The Australian bankruptcy regulator, AFSA, has published what it terms a series of “exemplar behaviour case studies [to] showcase examples
International insolvency – impact of the Model Law, and more – UNCCA seminar on 27 May 2022
05/05/2022
In a recent article on Australian insolvency law reform,[1] Justice Sarah Derrington, as chair of the Australian Law Reform Commission,
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
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
Assigning bankruptcy claims to a former trustee
24/07/2021
assigment of claims
Official Assignee NZ
A 5 day bankruptcy hearing was cancelled in March 2021, in relation to matters occurring in 2012, being challenged in
Is bankruptcy a life and death issue?
27/05/2021
mental health
MSME
I was startled to be reminded of a regular question in the well-known US General Social Survey whether contemplating or
Bankruptcy trustee independence
06/05/2021
The Australian personal insolvency regulator and government trustee, AFSA, has produced a useful report – Practitioner Independence in the Personal
The UK’s Technical Guidance for Official Receivers – a published resource for Australian practitioners and regulators
19/04/2021
AFSA
ASIC
Insolvency Service UK
The Insolvency Service in the UK has issued an updated version of its Technical guidance for Official Receivers[1] in administering
Litigation representatives and bankruptcy
19/04/2021
mental health
litigation representative
A daughter’s evidence that her mother’s litigation and bankruptcy proceedings had become her mother’s “entire life” with her house “full
New Zealand and Australian voluntary administration law
14/01/2021
New Zealand adopted Australia’s Part 5.3A voluntary administration regime some years ago, in Part 15A of its Companies Act 1993.
Insolvency Law Bulletin – Janus-faced SME reforms; new easy ways to avoid preferences; and how to recover gifts of money, maybe
10/11/2020
An article in the forthcoming Insolvency Law Bulletin describes the proposed corporate SME insolvency reforms as Janus-faced,[1] the title referring
Coronavirus safe harbour – beware the claytons waterfall in s 588GAAA
30/09/2020
It is interesting to now see the clear limitations the government has placed on the protections offered by the COVID-19
Duties of directors of insolvent companies – New Zealand Supreme Court decision
29/09/2020
articles
directors duties
insolvent trading
NZ
The NZ Supreme Court has given a significant decision on the duties of directors in the face of their company’s
Under the Trans-Tasman Mutual Recognition laws, licensed New Zealand insolvency practitioners should be able to practise in Australia …
26/09/2020
NZ
regulation
trans-Tasman
Articles
New Zealand has a new insolvency practitioner regulation regime which commenced on 1 September 2020. The regime has processes allowing
Can a debtor resist a bankruptcy arising from COVID-19?
14/08/2020
UK
COVID-19
creditor petitions
Articles
So far the courts in Australia have not had to deal with many creditors’ bankruptcy petitions against debtors in the
Cross-border proof of an Australian bankruptcy
27/07/2020
Cross-border insolvency
UK
Articles
A certificate of appointment under Bankruptcy Regulation 8.02 in relation to a voluntary bankruptcy should generally be sufficient to support
Company deregistration – government’s fast track response to assetless companies
20/07/2020
assetless companies
deregistration
Articles
Fast-tracking insolvent assetless companies through a default de-registration process was introduced, in effect, by the Insolvency Law Reform Act 2016
“Insolvency business is booming …” in the UK
08/07/2020
UK
UK COVID-19
Articles
Adrian Duncan was an insolvency practitioner in Australia years ago.[1] He now practises in the UK and it seems is
Insolvency Law Bulletin – June 2020
11/06/2020
Insolvency Law Bulletin
NZ
Books and journals
Articles
The latest issue of the Insolvency Law Bulletin has just appeared containing a wide range of topics in personal and
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