ASIC’s [one] reviewing liquidator guidance
ASIC is seeking feedback on a proposal to simply release a new information sheet on its discretionary power to appoint a “reviewing liquidator” to a
05/05/2026
Shedding light on the dark side of insolvency practice
The Assistant Treasury Minister Dr Andrew Leigh has given support for the need to have good data to inform and direct policy and law reform.
12/04/2026
UNCITRAL Working Group V – Insolvency, New York, 13-17 April 2026
I am pleased to be again attending a meeting of Working Group V – Insolvency of UNCITRAL, in New York from 13-17 April 2026 with
07/04/2026
Rethinking economic foundations in an AI world – Dr Andrew Leigh
I was pleased to attend the presentation by Assistant Treasurer Dr Andrew Leigh[1] of the Ted Evans[2] Public Policy Lecture – Rethinking economic foundations in
19/03/2026
Australia, ambitious?
The Ambitious Australia: Strategic Examination of Research and Development final report of 17 March 2026 promotes the need for greater emphasis on innovation and research
18/03/2026
Changes in directors’ duties over time – the Marquess of Bute to Star Casino
The 19th century decision concerning the Marquess of Bute, a director and president of the Cardiff Savings Bank, does not appear much in the law
10/03/2026
Are costs “approaching $20,000” high in resolving a bankruptcy filing oversight?
In a creditor’s petition for a sequestration order, a consent to act of a private registered trustee had been signed but it had not been
26/02/2026
The history of innovation, excluding the Hills Hoist
I was pleased to have attended the launch of The shortest history of innovation by Dr Andrew Leigh MP at the University of Sydney on
19/02/2026
Insolvency numbers are not always as bad as they seem
A newspaper reports that small businesses are “going bust in record numbers” pointing the blame on the government’s tax and red tape regime. Those record
09/02/2026
“have a glass of champagne … You’re just the person I’m looking for”: the creation of the Australian Law Reform Commission
Michael Kirby has written about how the Australian Law Reform Commission was established in 1975. “I want to tell you about the beginnings of the
02/02/2026
Law, Justice and Other Challenges – Selected Speeches and Papers of Michael Kirby
I was pleased to have attended the launch of a book of the writings of Michael Kirby on 29 January 2026. Law, Justice and Other
31/01/2026
Personal insolvencies trending upwards, slowly
AFSA’s provisional monthly statistics in personal insolvency show only a minor monthly increase in numbers – 71 – during December 2025: that is, 1,063 new
30/01/2026
Corporate mergers, acquisitions etc and restructuring – need to notify ACCC
ARITA, TMA [1] and others in the business restructuring field have protested about the impact of the new merger laws on corporate restructuring, in that
24/01/2026
Over $56 million in creditor claims; directors out for 5 years
An ASIC media release reports that “the husband-and-wife directors behind a group of collapsed agriculture businesses linked to a NSW corruption scandal have both been
21/01/2026
Liquidator’s 5 year suspension
In July 2023, I reported the cancellation of a liquidator’s registration by a disciplinary committee in relation to unauthorised drawings of remuneration and failure to
13/01/2026
Removal of a liquidator and referral to ASIC
A very long running claim by a liquidator for insolvent trading and other insolvency-based claims was defended on the basis that the company was in
02/01/2026
Personal business liabilities and the World Bank’s B-Ready review of our insolvency laws
The World Bank’s B-Ready review process will be applied this year, 2026, to Australia’s business laws, including “business insolvency”, according to their respective ratings on
02/01/2026
“NZ statutes occupy one page to every 5-6-7 pages in Australia” etc
Over the years there has been quite a bit of judicial and parliamentary banter from New Zealand about Australian insolvency laws and perhaps other laws
01/01/2026
“Small business” insolvency data
The regular insolvency statistics were released by ASIC (corporate) and AFSA (personal) at the end of 2025 but with a current political focus on insolvency
01/01/2026
Combatting financial abuse perpetrated through coerced directorships
Moving from its militaristic combatting phoenix activity, the government is now going to crack down and combat financial abuse perpetrated through “coerced directorships”.[1] Among the
25/12/2025
An outline of arguments supporting a combined personal and corporate insolvency regime for small business
This explains our law reform project seeking to have a combined regime for personal and corporate insolvency for small corporate businesses, or SMEs.[1] It arises
23/12/2025
AFSA and Mr Leroy, and now Mr King
23 December 2025 The story below that Mr Leroy has been found is now added to by the Inspector-General in Bankruptcy announcing that he has
23/12/2025
Falling returns in personal insolvency agreements
In the end, the bankruptcy of Mr Hartnett following the Inspector-General in Bankruptcy’s challenge to his Part X personal insolvency agreement (PIA) came down to
18/12/2025
“Who’s making us bankrupt?” or “what are debtors doing about it?”
Financial Counselling Australia (FCA) has called for “urgent” reforms to Australia’s bankruptcy laws after releasing its report, “Who’s Making Australians Bankrupt? A follow-up report: six years
13/12/2025