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OECD report – “low personal costs to entrepreneurial failure with high barriers to restructuring”
Economic analyses of insolvency in Australia are strangely limited, given that a major purpose of an insolvency regime is its support of ...
An extraordinary legal imposition on our Immigration Minister
The Daily Telegraph is right this time, it was an extraordinary finding by a court,[1] to expect our immigration politician ...
Seven Network v Harrison – costs orders and bankruptcy
The circumstances of Amber Harrison flowing from the decision of Justice Sackar in Seven Network v Harrison[1] prompt this comment ...
International insolvency regulation – London 2017
The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 ...
England’s review of its insolvency code – independence, remuneration and more
The question of insolvency practitioner independence is important given the role of a company liquidator and bankruptcy trustee. Independence rules ...
NZ accountants’ new Code obligations, with Australia close behind
Accountants in New Zealand, including those who are insolvency practitioners, are from this week required to refer relevant breaches of ...
Very leviable liquidators
In anticipating the funding bases for the government meeting ASIC’s costs of regulating insolvency practitioners (IPs), I wrote that there “should ...
Director charades continued
After giving directors the benefit of protection from liability for insolvent trading, through the ‘safe harbour reforms’, the government has ...
Protocol for International Recognition of Insolvency Proceedings Affecting Natural Persons
As INSOL International explains, this Protocol of June 2017 is a project that has been completed by members of the ...
Getting rid of liquidators
While no-one in business likes losing a client or customer, usually, it happens all the time, as a matter of ...
Advanced Business Law Conference – the major insolvency reforms: 3 October 2017
I am presenting at the Advanced Business Law Conference at the College of Law in Sydney on Tuesday 3 October 2017. ...
The AAT strikes back
Mr Dutton, the immigration minister, has been found wanting in refusing an application by a Mr Singh for a 6 week bridging ...
Is “outrageous” too strong a term to describe some of our new insolvency laws?
The question as to what parts of the Insolvency Law Reform Act 2016 have commenced may be unclear to some but ...
Accountants and NOCLAR – more than a systems update
Professional accountants in Australia will soon be bound by a new standard that could require them to report offences to ...
Creditor’s examination summons of a liquidator upheld
A creditor’s summons for the section 596A public examination of the liquidator about his sale of company property has been found ...
Penalty privilege – one says hello, the other says goodbye
There are at least two unsatisfactory stories in this. The first one first. The High Court’s decision in Rich v ...
When litigation goes wrong – costs certificates
Legal costs of parties to an appeal may be met by the government, to a certain amount, if there was some ...
Is the end result of Sakr Nominees continued “institutionalised time billing”?
While the insolvency profession might be satisfied with the final approval given to the liquidator’s remuneration, by Justice Ashley Black, in Sakr ...
A New Zealand Ponzi – the final outcome of McIntosh v Fisk
The second report of the NZ insolvency working group had deferred consideration of the application of the voidable transactions regime ...
Penalising insolvent companies – a King Charles I comparison
Regulators seeking penalties against companies in liquidation often reveal, as I have recently commented,[1] some serious signs of frustration that ...
Australia today
“… Nazi troops responded to this secret emigration campaign by inspecting all Danish boats, using specially trained dogs to sniff out ...
“Straw directors”? no kidding!
The federal government is putting through laws that would give directors of companies greater latitude to incur debts that cannot ...
Friendly and ‘friendly’
With the rather confusing term ‘friendly liquidator’ continuing to be used: by the media: Dirty Deeds: Inside Australia’s Biggest Tax ...
Challenges to trusts by bankruptcy trustees – New Zealand law reform
A recent change to the New Zealand Insolvency Act 2006 (Schedule 1, new para (x)) has given power to the ...