Uncategorized

The new insolvency reforms commence in about 9 weeks, on Wednesday 1 March 2017, under the Insolvency Law Reform Act

The APESB has released a draft of new section 225 of the Code of Ethics for Professional Accountants, APES 110,

ASIC was recently asked in parliament for its views on “prepacks”, or pre-packaged insolvency administrations, with understandably cautious responses given.

Leave has been given by the English High Court for a claimant to continue proceedings against STX, a Korean ship

New Zealand courts will divide up fines imposed on directors or bankrupts for contempt for failure to assist insolvency practitioners,

A group of small insolvency practitioners has had raised in parliament its project aiming at a universal and consistent approach to

A conference in celebration of the 50th anniversary of UNCITRAL was held in Brisbane on 2 December 2016. Among other

The Economics References Committee is to report by 22 March 2017 on various issues concerning the non-payment of superannuation by

Montesquieu’s words from the 18th century – “les lois inutiles affaiblissent les lois nécessaires” – are often quoted in the modern

Just as India has introduced co-regulation of its new breed of insolvency practitioners, so has New Zealand acted on a

A major new insolvency regime commenced in India in May 2016. It introduces co-regulation of insolvency practitioners – IPs – through direct regulation by their

The story about the conduct of bank officers in the Sydney Insolvency News prompts my suggestion for a widening of

On 22 November 2016, the European Commission presented a set of new European rules for business insolvency which member states

Whatever is said in the pending NSW Court of Appeal decision in Sakr Nominees, it is timely to propose that,

An insolvent company cannot legally continue to perform its contract by which debts are incurred. Hence it has no claim

A court appointed receiver applying to the court for determination of his remuneration was subjected to 2 days cross-examination on

In yet another decision on remuneration, and the power of a liquidator to sell trust assets to recoup that remuneration, a

In determining that liquidators had a right of indemnity, and priority, over trust property for payment of their remuneration and

An inquiry into late payments to creditors has been commenced by the Australian Small Business and Family Enterprise Ombudsman. A

Australia’s law reform aversion to pre-packaged insolvencies – “pre-packs” – compares with a process of their cautious acceptance and continual

The draft Insolvency Practice Rules raise a few fundamental issues about due process – natural justice, professional body involvement, confidentiality

Special purpose liquidators have properly been appointed by the Federal Court to some aspects of the Queensland Nickel companies of

The bankruptcy regulator, AFSA, has announced a new approach to its regulation of the 200 trustees in bankruptcy in Australia, focusing

Read the funding proposal for ASIC’s regulation of liquidators and understand why bankruptcy is so much more advanced.  Corporate insolvency practitioners, lawyers