ASIC has succeeded in obtaining penalties against A & M group for false and misleading threatening and coercive conduct against debtors who had missed payments
The Administrative Appeals Tribunal is to be abolished we are told and replaced by a new administrative law review body in 2023: see Government to
An article in the latest Insolvency Law Bulletin – The gender gap among Australian liquidators,[1] by Paulina Fishman – comments on the fact that only
My commentary of October 2020 is re-issued, for readers’ interest. Does it matter that a company is insolvent such that something should be done by
Had the decision in Re HRL Limited (in liq) [2022] VSC 693, allowing a “success fee” on insolvency practitioner (IP) remuneration, been handed down in
In the latest issue of the Insolvency Law Bulletin, we have an article on a simpler solution to insolvent trading trusts, by Olivia Newman, of
It was November 2015 that the then government announced a proposed reduction in the period of restrictions of bankruptcy to one year. No change was
My 2022 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in my 1914 edition of Williams
The New Zealand Court of Appeal has found that a director, despite being bankrupt, must hand over documents of the company of which he was
An early submission to the Parliamentary Joint Committee inquiry into corporate insolvency from Mr Russell Morgan, liquidator, of 15 November 2022, has raised issues likewise
In the various calls for a holistic review of Australian insolvency law, there is little explanation of what exactly needs law reform attention – processes
The terms of reference of the current PJC inquiry into corporate insolvency refer at times to small business but given that small businesses comprise over
The NSW Registered Clubs Act 1976 has a quaint provision – s 41 – providing that an insolvency appointee such as a liquidator or administrator
All bills before parliament before the 2022 election have lapsed. Hence, a pre-April 2022 Bill in response to a 2016 recommendation to introduce law to
There are now several government inquiries into ASIC, directly or indirectly, perhaps indicating either the breadth of ASIC’s remit, or some concern about its work,
The hearing in relation to the law of set-off and insolvency in Metal Manufacturers Pty Limited Gavin Morton as liquidator of MJ Woodman Electrical Contractors
While submissions to the parliamentary joint committee on corporate insolvency are not due until 30 November 2022, some indication of the views of those involved
Public sector annual reports nowadays are often more inward looking than in the past, agencies being required to report on a range of issues about
A ‘wife’ has succeeded before the High Court in preventing the ATO claiming what it argued was her husband’s interest in the family home in
The International Association of Insolvency Regulators’ Annual Conference was held in England from 26-29 September 2022. Australia’s reported contribution to the conference and some current
The corporate plans of Australia’s two insolvency regulators have been released – AFSA and ASIC In order to assist in understanding each report, this explanation
A Judge has dismissed a respondent’s application for security for costs that contained estimates that were “grossly inflated, far beyond the realm of what might
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a commonality of application often found.
Relevant federal ministers whose portfolios involve insolvency law are primarily Mr Mark Dreyfuss QC as Attorney-General, Dr Jim Chalmers as Treasurer and Ms Julie Collins
