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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 …

Lost in my translation – correction to bankruptcy trustee remuneration statistics

AFSA has properly drawn to my attention that figures I have given about the remuneration of bankruptcy trustees have not …

Latest corporate insolvency update in Australia

Apart from its interest to Australian liquidators and bankruptcy trustees, the latest Corporate Insolvency Update[1] of the corporate insolvency regulator, …

Protected: AFSA’s report on remuneration

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Does insolvent trading work? The UK may not think so.

In the context of the review of the safe harbour provisions in Australia, there have been recent articles on insolvent …

A pointless distinction in corporate insolvency

In the 19th century, where much corporate insolvency law thinking still remains, a distinction was made between court ordered liquidations …

A liquidator disciplinary decision – some regulatory insights

A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which …

Accountants’ insolvency code updated

A new standard for insolvency practitioners – APES 330 – has just been issued written in APESB’s unique style and …

International insolvency law and Australia’s UNCCA

A newly qualified Australian lawyer who was sponsored through UNCCA and LAWASIA to attend Insolvency Working Group V in Vienna …

Choosing courts in cross-border insolvency applications

As a federation, Australia has a mix of state and territory and federal courts, each with their own jurisdictions. Jurisdiction …

Contempt of newspapers

Mr Dyson Heydon has had his useful views about political criticism of judges’ decisions published in what is known as …

The Federal Court and the Constitution – public lecture, 15 March, Canberra

A free public lecture on the Federal Court and the Constitution is being given at the ANU on this Thursday …

Cleaning up the law – WA’s old diamond and other mines

The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up …

Insolvency related conferences and meetings – coming up

A list of insolvency and related conferences for the rest of the year 2017, into 2018   Insolvency Conferences and …

Bankruptcy remuneration challenge referred to mediation – Groll

Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees …

Surveillance /səˈveɪl(ə)ns/

“close observation, especially of a suspected spy or criminal”: Oxford Dictionary. In relation to professional and industry regulation, as relevant, …

The new insolvency laws – their benefits

The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on 1 …

‘The International Court of Justice as a Working Court’ – Judge James Crawford

On 25 September 2017, the annual “Patron’s Address” of the Australian Academy of Law is being given by his Excellency …

The fine print in an ASIC form

With Australia’s new insolvency laws commencing this Friday 1 September, there is a late flurry of activity from the legislature …

Amerind and Killarnee – ships in convoy, or on a collision course?

Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out …

Insolvency practitioner regulation – New Zealand & Australia

Comparing NZ insolvency law with Australia’s, in preparation for the BFSLA conference this week on 1 September 2017, the day …

The IBA Annual Conference Sydney, 8–13 October 2017

Among many sessions across a wide range of legal disciplines, the IBA conference has this series of insolvency sessions. Avoiding …

Liquidators, and ASIC, acting without authority – all fixed

When a person inadvertently exercises powers without legal authority, a prompt legal response is required. The consequences can be serious, …

ABA’s Anna Bligh and bank lending reforms

Anna Bligh, the Chief Executive of the Australian Bankers Association, has recently spoken of the “strong and mutually beneficial relationship between …