AFSA

Association of Independent Insolvency Practitioners’ Third National Insolvency Conference

“Are you ready to rumble” in the insolvency jungle was the opening question at the Association of Independent Insolvency Practitioners …

Can insolvency practitioners afford to be generous?

The Australian bankruptcy regulator, AFSA, has published what it terms a series of “exemplar behaviour case studies [to] showcase examples …

Insolvency practitioner [over]-regulation in Australia – an update

While the UK is reviewing its insolvency practitioner (IP) co-regulation system, Australia’s direct regulation, with minimal but expansive co-regulation, might …

“Voluntarily becoming bankrupt” – the new bankruptcy process

A person goes voluntarily bankrupt in Australia by completing an online “Bankruptcy Form” with the Official Receiver. What is now …

The UK’s Technical Guidance for Official Receivers – a published resource for Australian practitioners and regulators

The Insolvency Service in the UK has issued an updated version of its Technical guidance for Official Receivers[1] in administering …

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 …

“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 …

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 …

Treasury Laws Amendment (Measures for a later sitting) Bill 2018: Miscellaneous amendments

The law reform process of going through a piece of legislation and picking up minor errors is useful and necessary …

Insolvency law – assets and liabilities, activities and affairs – ASIC and AFSA

ASIC has released its new Report On Company Activities and Property (ROCAP), said to have been the result of an …

Principles of Regulation of Insolvency Practitioners – an international standard

The rather opaque International Association of Insolvency Regulators (IAIR) has issued a public document, the Principles of Regulation of Insolvency …

ASIC’s new insolvency ‘ROCAP’ – the Report On Company Activities and Property

The long history of the report as to affairs in corporate insolvency – the RATA – which started about 1890, …

Unclaimed moneys in bankruptcies – the law reformed

Those who are owed “unclaimed moneys” arising from a bankruptcy – for example a creditor whose dividend payment went astray …

UK’s “small proportion of bankruptcies where there has been misconduct leading up to the individual’s insolvency”

With the Australian parliament about to decide on the reduction of the period of bankruptcy from three years to one, …

Registration of a liquidator, on conditions – Mansfield

The AAT has confirmed that a corporate insolvency practitioner’s ‘exposure’ to bankruptcy as being one criterion required to be met …

Bankruptcy by the hour

The ‘median’ hourly rates for trustees in bankruptcy are from $470 to $600, according to the Australian Financial Security Authority, …

by how much could we reduce white collar crime by imposing 30 year jail sentences? “Zero”.

The Honest Politician’s Guide to Crime Control never went into to a second edition, and it may by now be …

Some casual Friday comments on recent insolvency developments

This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes …

What’s bankruptcy all about?

Would you get out of bed in the morning, as an unsecured creditor of a bankrupt, for a dividend return …

The wider context of the proposed one-year period of bankruptcy

Many less than 1% of bankrupts warrant an objection to discharge from their bankruptcy, trustees leave it til the last …

Pending insolvency law and practice changes

Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send …

Challenge to banktruptcy trustees’ remuneration – continued

A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the …

An alternative to parliamentary debate on a one year bankruptcy

With changes in our bankruptcy laws being delayed in parliament by more important debates on our marriage laws, an alternative …

‘A one year bankruptcy or a 3 year debt agreement … what’s the catch?’

With Australia on the verge of introducing a one year period of bankruptcy, it is odd that no comparable reforms …