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Can insolvency practitioners afford to be generous?

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

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”?

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

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

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?

I was startled to be reminded of a regular question in the well-known US General Social Survey whether contemplating or …

Bankruptcy trustee independence

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

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

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

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

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

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

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 …

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?

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

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

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

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

The latest issue of the Insolvency Law Bulletin has just appeared containing a wide range of topics in personal and …

Lawyers as directors of insolvency companies – restrictions on right to practise

Queensland lawyers who are directors of an insolvent company or an incorporated legal practice may have their right to practise …

Leave to proceed against a bankrupt; but with questions about the legal representation

In an employee’s otherwise ordinary unpaid wages case the respondent employer went bankrupt mid- hearing and the employee’s legal representation …

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 …

Insolvency practitioner independence – law and practice

One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain …