The costs of lawyer litigants – ‘Chorley’ off to the High Court
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as one of principle. Lawyers will
15/01/2019
Opportunistic and manipulative insolvency practitioners?
Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is too narrowly focused to provide
14/01/2019
Professional body regulation of Australian insolvency practitioners
Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to a limited extent CAANZ, given
04/01/2019
Insolvency Practitioners Regulation Act (NZ) 2019?
A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments, taking into account comments in
21/12/2018
Bankruptcy trustees’ performance 2017-2018
AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to its regulation of trustees in
19/12/2018
More soft law – ARITA’s insolvency practice statements
ARITA has released a number of draft Practice Statements for comment. These Practice Statements are designed to give ‘technical’ guidance on best practice approaches to
18/12/2018
273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …
A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge 46 false registrations on the
13/12/2018
Model Law on Cross-Border Insolvency – its procedural limitations
The Model Law on Cross-Border Insolvency is not quite as expansive in its assistance to foreign liquidators and trustees as it may appear. It did
13/12/2018
Revised draft of Australia’s 2014 insolvency code of practice
ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th edition, it being over 10
10/12/2018
What bankruptcy law changed in Australia in 2018, and what didn’t
In the last days of parliament for 2018, the government has managed to stave off debate on the proposed one-year bankruptcy law – the Bankruptcy
10/12/2018
Managing government contracts through financial distress – AGS Commercial Notes, November 2018
This Australian Government Solicitor bulletin offers a comprehensive coverage of the terms of commercial agreements with the Australian government and how government clients and their
06/12/2018
UNCITRAL – insolvency working group Vienna – 10-14 December 2018
A small group from Australia is in Vienna this week to attend the regular meeting of UNCITRAL Working Group V (Insolvency).[1] WGV is currently examining
04/12/2018
Environmental law and insolvency – Senate inquiry moves into 2019
The on-going tension between insolvency law and Commonwealth environmental law is being played out for one, in the Senate Environment and Communications References Committee, convened
03/12/2018
What to do about problem debt advisers?
A late submission received by the Senate Economics Committee inquiry into credit and financial services aimed at those at risk of financial hardship – ‘debt
02/12/2018
Trial decisions pending a High Court appeal in Amerind
It can be legally difficult to determine what the law is when a significant legal issue is on appeal, leaving the issue uncertain in other
30/11/2018
A regulator ‘getting tough’
This broadcast – Getting tough on untrustworthy advisors – in fact comes from the bankruptcy regulator, AFSA, about what it says are ‘untrustworthy [debt] advisers’,
29/11/2018
New draft version of APES 330 – Insolvency Services
APESB has issued a long-awaited revision of its insolvency code – APES 330 Insolvency Services – with a view to it replacing the 2014 version
29/11/2018
Liquidators – spending money to justify spending money
Charging a second fee to justify charging an initial fee might seem odd but this can be the case when the law itself requires some
23/11/2018
ATO indemnities to insolvency practitioners***
“New requirements for indemnity offers from the ATO to insolvency practitioners*** All indemnity offers from the ATO to insolvency practitioners must comply with a minimum
21/11/2018
Liquidators: “… no obligation to conduct any investigations beyond the bare minimum …”
It has been said of liquidators that in no other profession is a highly qualified professional expected to work for free, referring to the fact
19/11/2018
Credit and financial services targeting those at risk of financial hardship
The Senate Standing Committees on Economics has recommended that the Financial Services Royal Commission be given an extension of time and extended terms of reference:
16/11/2018
Judicial responsibility for a company’s collapse, and other ‘guns to the head’.
Judges make important decisions about the legal rights of parties in dispute. If the private parties agree, orders by consent will invariably be made as
14/11/2018
Some cross-border insolvency items from Australia and England
Two cross-border insolvency papers from Australian Judges; a scheme judgment from the UK, with the Judge criticising the parties, saying the court is not merely
13/11/2018
Overcoming non-financial barriers to justice – Academy of Law debate – 27 Nov Sydney
This is the third and final event in the Academy’s Access to Justice series for 2018, being held on Tuesday 27 November 5pm-6.30pm in Sydney.
11/11/2018