Cafés and restaurants – at a tipping point, in 2018, and now?
In light of current (July 2019) reports about restaurants’ tax [non] compliance, my article of a year ago, 15 July 2018, is re-issued. The
22/07/2019
Australian insolvency law – current reforms
As in many countries, general elections put law changes and reform on hold pending the new government’s decisions on pending law. The government was returned
22/07/2019
“Shortcomings of the Model Law on Cross-Border Insolvency (just some)”
Professor Martin Davies of Tulane Maritime Law Center recently offered a critique of the Model Law on Cross Border Insolvency at a presentation at Sydney
21/07/2019
NZ’s 2019 Insolvency Practitioners Regulation Act and its cross-Tasman impact
NZ’s Insolvency Practitioners Regulation Act is due to commence over the next year introducing a licensing and regulatory regime for insolvency practitioners (IPs) under a
06/07/2019
How to become an insolvency practitioner in Australia
The ‘new’ process of selecting by interview who should be an insolvency practitioner (IP) was the subject of a presentation by ASIC at the recent
05/07/2019
Bankrupt trustees coming before the High Court
While the focus of the High Court’s trust law decision in Carter Holt[1] is in the context of corporate insolvency, many of the principles applied
04/07/2019
Delayed payment of a receiver’s bill – by 400 days?
Delayed payment of bills is said to be a significant problem facing small to medium enterprises in particular, with ‘cash flow’ remaining as an essential
01/07/2019
Some views on ASIC v Wily & Hurst
The views of Justice Brereton of the NSW Supreme Court have not prevailed following the decision by the High Court in the Carter Holt Harvey
30/06/2019
‘Your place or mine, and for how long?’ – a lack of judicial independence
We might have noticed that courts in Australia and indeed in most comparable countries are usually housed in their own buildings, one reason being the
28/06/2019
Insolvency of trading trusts – Keay comments
Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind, and that decision was included
25/06/2019
Revised insolvency standard for practitioners. As to their professional bodies …
The Accounting Ethical and Professional Standards Board (APESB) has approved a new and revised APES 330 – Insolvency Services, the first revision since 2014. This
25/06/2019
AFCA’s interaction with insolvency law
The authority of the new Australian Financial Complaints Authority (AFCA) and its impact on finance debts owing should be understood, including by those in the
19/06/2019
Insolvency returns to creditors and other fictions
Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent. For your unpaid debt of
14/06/2019
The Alternative Financial Review
Property prices Perth ‘as good as it’s likely to get’ for rental affordability With little new housing stock – especially at the lower end –
02/06/2019
A bankrupt’s list of ‘personal’ assets
The law requires those people in bankruptcy to record their assets and liabilities in a ‘statement of affairs’. It is an important document because the
26/05/2019
Some concession for small business bankruptcy under severe NSW law
NSW law can remove a person’s right to practice their job for up to 6 years, in the person has gone bankrupt, well beyond what
24/05/2019
Insolvency Law Bulletin
The latest Insolvency Law Bulletin will be out shortly, covering a range of current cases and issues in both personal and corporate insolvency. The ‘reviewing
22/05/2019
A running account of insolvency history – the lawyers and the accountants
In an account of the interaction between lawyers and the newly titled accountants in 19th century England, it has been explained that while accountants were
13/05/2019
ASIC’s “significant element of vexation”
ASIC has failed in an application to have an inquiry conducted into joint liquidators’ conduct – Hurst and Wily – in respect of companies that
11/05/2019
Unclaimed bankruptcy moneys – new law
Easier processes to recover unclaimed moneys in bankruptcy commence at the end of June 2019. The Official Receiver in Bankruptcy will be able to decide
29/04/2019
Insolvency and climate change and environmental liabilities
INSOL Academics in Singapore on 1-2 April 2019 and the following day’s meeting of academics at the National University of Singapore provided a number of
24/04/2019
An inquiry into a liquidator’s conduct, some many years ago
ASIC has succeeded in obtained a court order for an investigation of the conduct of a liquidator, in relation to liquidations going back to 2001,
24/02/2019
Keay’s Insolvency – note from the authors – progressive updates since publication
As the authors of Keay’s, and in order to assist readers, we propose to make brief reference to law changes or case law decisions that
24/02/2019
Report on targeting of people in financial hardship
The Economics References Committee has issued its report, on time, following its inquiry into ‘Credit and hardship: report of the Senate inquiry into credit and
22/02/2019