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
Who owns, and owes, what in a typical incorporated small business?
The regular insolvency statistics have been released by ASIC (corporate) and AFSA (personal), but with a current focus on insolvency reform for small business, we
13/12/2025
Bankruptcy’s ‘minimal asset procedure’ – mmmmm
In light of the eminent group usefully being convened in Melbourne tomorrow, 12 December 2025, to discuss what is proposed as a “minimal asset procedure”,
11/12/2025
A corporate rescue regime should reflect some alignment with economic efficiency?
In order to stir comments on a forthcoming talk that I was giving on the law and economics of insolvency (wait for my one on
05/12/2025
New criteria for corporate restructuring?
I was pleased to have presented some ideas on ‘filtering mechanisms’ for corporate restructuring at the annual insolvency academics network (IAN) gathering at Sydney Law
05/12/2025
A lawyer and an economist walk into a bar….
In preparing for a presentation before eminent insolvency law academics I thought I would test my thinking by presenting to an equally eminent economics colleague,
01/12/2025
A government perspective on insolvency law reform
Dr Andrew Leigh is probably the first minister to oversee both personal and corporate insolvency, following the transfer of personal from Attorney-General’s to Treasury in
21/11/2025
How were moneys stolen by a liquidator and a trustee?
Back in 2010 the criminal misconduct of a liquidator led to a Senate inquiry and a recommendation for a new regulatory regime and a single
14/11/2025
World Bank’s 2026 B-Ready review of Australian business insolvency and other laws
Next year, 2026, Australia will be the subject of a review by the World Bank under its new B-Ready assessment process. See my earlier report
08/11/2025
Personal insolvencies in September 2025 – a slow rise
Personal insolvencies increased marginally in September 2025, by 74, over last month – that is, there were 1,169 new personal insolvencies in September, up from
31/10/2025
Ways to deregister a company
While ASIC reports its success in having a former company director convicted for trying to deregister his building company without disclosing it had a large
22/10/2025
Acronymic insolvency reform options – PJC not CAMAC
Those lawyers wanting a restoration of CAMAC to sort out the complexity of the Corporations Act can leave Chapter 5 – External Administration alone, it
22/10/2025
Gamblers, alcoholics and bankrupts as beneficiaries under a will
Stigma surrounding the word “bankruptcy” continues, evident from negative terms with which it is often connected – treason (in the Australian Constitution)[1], sexual offending (aged
18/10/2025
Arbitration and insolvency – an arbitration week seminar
I was pleased to attend a panel session at Norton Rose Fulbright on 15 October 2025 – Breaking bread: slicing through the ‘inherent tension’ between
15/10/2025
Corporate Restructuring, by Dr James O’Donovan
I am pleased to have received a copy of Corporate Restructuring, by Dr James O’Donovan, a 2,042 page book on the law concerning the ‘restructuring’
13/10/2025