Rolexes, three diamond rings and gifts forever – sentimental assets in insolvency
I have not updated my 2008 article on sentimental items of property in insolvency, including to check whether Rolex watches are still thrown on to
13/09/2025
Maybe we should just repeal s 588G – insolvent trading?
The law of insolvent trading under s 588G of the Corporations Act seems eternally unsatisfactory and always open to review. It aims to deter proscribed
10/09/2025
Bankruptcy law prevails …
Some time ago, in what may have been a marketing or plain English push, the bankruptcy regulator, AFSA, determined that, for its purposes, the debtor’s
03/09/2025
The benefits of behavioural economics in law reform
In his address at the launch of the Canberra Behavioural Lab, on 28 August 2025, Assistant Minister for Productivity, Competition, Charities and Treasury, Dr Andrew
29/08/2025
12,250 personal insolvencies for the year – well down on the 10-year average of 19,500
AFSA has released numbers of new personal insolvencies in the June quarter 2025, totaling 3,179, a 7.9% increase on the 2,947 in the June 2024
28/08/2025
UK Official Receiver appointed liquidator of Speciality Steel UK
On 21 August 2025, what is said to be the UK’s third-largest steelworks, Speciality Steel UK Limited (SSUK), has been put into liquidation by order
25/08/2025
Gambling or hazardous speculations prior to bankruptcy
AFSA is seeking feedback on draft guidance concerning the offence of gambling or hazardous speculations prior to bankruptcy, under s 271 of the Bankruptcy Act:
17/08/2025
Former liquidator – $2.5m – 4/2 years jail
The long awaited, and long, sentencing decision of 13 December 2024 in respect of former liquidator Peter Amos has now been delivered by Tupman DCJ:
13/08/2025
Galápagos Islands approaches to litigation practice?
In a migration law judgment of the Federal Court handed down on 1 August 2025 in Sydney, Justice Michael Lee opened with the words “There
13/08/2025
Action already under AFSA’s Regulatory Action Statement 2025-2026
AFSA is already dealing with two issues that it has on its list for attention in its Regulatory Action Statement 2025-2026 – unfair Part X
08/08/2025
Means to accelerate our ability to share and use data productively
Having myself nearly said enough over the years about the lack of data on the operation of the insolvency system, the Assistant Treasurer in charge
06/08/2025
Despite the confusion, costs orders after bankruptcy are provable
It is not that common that Judge A will find that an earlier decision of Judge B of the same court was “plainly wrong” and
05/08/2025
Dealing with assetless estates
An interesting article appears in (2025) International Insolvency Review 1 of INSOL International concerning how different jurisdictions deal with assetless insolvent estates – A comparative
04/08/2025
Insolvency Law Bulletin – 25 years
Twenty-five years ago, in August 2000,[1] I launched the Insolvency Law Bulletin through Oliver Freeman’s Prospect Media,[2] supported by an eminent editorial panel, joining a
02/08/2025
Continuing fall in personal insolvency numbers
Personal insolvency numbers in Australia have continued their decline, with the 1,012 new personal insolvencies in June 2025 falling by 75 from 1,087 in May
31/07/2025
The ATO as the real Pt 5.3B ‘small business restructure’ regulator?
Some years ago, I wrote an article entitled The ATO as an insolvency regulator,[1] suggesting that with the various insolvency activating powers then available to
25/07/2025
$93m? and 300 creditors? over 20 years? Director disqualified
ASIC has disqualified a director from managing corporations for 5 years in relation to companies trading for over 20 years that were wound up with
22/07/2025
Have corporate rescue laws gone too far? Sydney Law School seminar review
This reports on a review by Dr Arthur Emmett, former Federal Court Judge, of a Sydney Law School seminar questioning whether aspects of the corporate
22/07/2025
Court approval of agreements over 3 months?!
Any productivity review of the insolvency system in Australia would find many opportunities to reduce time and costs, in particular in corporate insolvency. This is
08/07/2025
The interaction of insolvency law and competition policy
My recent article in the Insolvency Law Bulletin concerns what has been described as the clash between market competition policy and insolvency restructuring or ‘rescue’
08/07/2025
Small business – Qué?
Many small businesses seem to operate with the owners oblivious to the legal structure through which they conduct their business. The legal definition hardly seems
03/07/2025
A quiet insolvency scene in small business
The new Minister for Small Business, the Hon Dr Anne Aly MP, will be interested in the latest insolvency figures from ASIC and AFSA, and
01/07/2025
Bankruptcies on a continued decline
Bankruptcy and other personal insolvency numbers look like falling below those of last year, and well below the long-term average. AFSA has advised that “personal
30/06/2025
Legislating in the dark – continued – IMF Report
The 2023 Parliamentary Joint Committee Report on Corporate Insolvency called for the collection and analysis of data in advance of any law reform. The Committee
29/06/2025