Corporate phoenixing – a crime?
The Australian Law Reform Commission has released a Discussion Paper addressing a number of aspects of its reference on corporate criminal liability. Phoenix activity receives
16/11/2019
New Zealand insolvency reform – half a gift card
The New Zealand government has decided to give consumers with unclaimed gift cards issued by a failed business a priority in the winding up of
10/11/2019
Cross-border insolvency – the Canberra session
I was pleased to have been involved with others in giving a presentation on UN Day 24 October 2019 to commemorate 25 years of cross-border
03/11/2019
Insolvency developments in the 2018-19 annual reports – ASIC, AFSA, AGD and ATO
Annual reports nowadays are more marketing publications as to various achievements of the relevant agencies and their compliance with statutory and financial reporting requirements. The
27/10/2019
Fair Entitlements Guarantee – powers to demand information
The Department of Employment, Skills, Small and Family Business’ Annual Report 2018-2019 provides some information about the Fair Entitlements Guarantee Recovery Program which is now
26/10/2019
A bankrupt and ‘one rooster, one peacock, three ducks, and 22 chickens …’
A person’s bankruptcy can arise from a host of circumstances, disputes with neighbours and non-compliance with local council requirements being a significant one. The 2012
23/10/2019
Small business insolvency – the Ombudsman inquiry
The Australian Small Business and Family Enterprise Ombudsman has established an inquiry into “the insolvency system” to report by February 2020, focusing on practitioners, lawyers,
21/10/2019
Do old emails ever die?
A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges were its intimidating and threatening
15/10/2019
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October 2019. It is an appeal
14/10/2019
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws in the United Kingdom, the
05/10/2019
NZ insolvency practitioner costs recovery fees
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for the commencement of the co-regulatory
02/10/2019
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and bad news – the good
19/09/2019
‘A good idea’ – assignment of a liquidator’s recovery rights
A liquidator has transferred, with court approval, potential recovery claims to the ATO, as the major and only creditor in a liquidation. The law concerning
18/09/2019
ASIC’s deterrence message – “no point just communicating this into the Fin Review”.
ASIC gave some useful insights before the recent Senate oversight hearing[1] on 13 September as to the reality of the effectiveness of its proposed and
16/09/2019
Use of referees in insolvency litigation
Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees and their lawyers in pursuing
14/09/2019
ASIC’s period of external scrutiny
The Australian Securities and Investments Commission is properly subject to parliamentary oversight, apart from the on-going scrutiny it receives from its various stakeholders. At least
11/09/2019
Climate change and the law
Here are details of two recent events on climate change and the law, followed by details of a range of other issues covered by Murrays
10/09/2019
Regulation of Australian insolvency practitioners – UK and NZ compared
I am pleased to be soon presenting to various groups on the regulation of Australian insolvency practitioners, with some comparisons with England and New Zealand.
08/09/2019
International Association of Insolvency Regulators’ Conference – 2019
Australia is attending and presenting at the annual insolvency regulators’ conference, along with regulators from the UK, the US, New Zealand, Singapore and others.
07/09/2019
A liquidator found liable for breach of confidence and invasion of privacy
“To say there is bad blood between David Henderson and Robert Walker is an understatement. From the time Robert Walker was appointed liquidator of Property
06/09/2019
A legal ‘affront’ – the Chorley exception – has gone
In raising the fundamental equality of all before the law in the context of a lawyer’s costs in their own court proceedings, the High Court
05/09/2019
Accountants’ insolvency code updated
A new standard for insolvency practitioners – APES 330 – has just been issued written in APESB’s unique style and offering guidance on issues in
02/09/2019
Democracy, Human Rights and the Judiciary: the common law and the wider world
The Australian Academy of Law is hosting a presentation by Sir Nicholas Blake on this Wednesday 4 September 2019, in Melbourne. Sir Nicholas is a
02/09/2019
ASIC’s Corporate Plan 2019-2023 – Insolvency Practitioners
ASIC’s corporate plan 2019-2023 contains much detail about the various sectors it regulates and what regulatory approaches it is taking. This is a list of
29/08/2019