AFSA

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 ...

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 ...

Guerilla tactics needed against phoenix misconduct

While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government ...

Other constitutional restrictions on our politicians – treason, and bankruptcy

This commentary need not distract us from the important issue being heard by the High Court on Tuesday 10 October ...

Insolvency Law Reform Act – some real legislation errors

woodfer The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on ...

Bankruptcy trustees’ remuneration challenge – continued

A Victorian Supreme Court decision gives some background to the regulator’s decision to reduce bankruptcy trustees’ remuneration by over $277,000, ...

International insolvency regulation – London 2017

The annual meeting of the International Association of Insolvency Regulators, IAIR, is being held in London, from 4 to 7 ...

Director charades continued

After giving directors the benefit of protection from liability for insolvent trading, through the ‘safe harbour reforms’, the government has ...

Getting rid of liquidators

While no-one in business likes losing a client or customer, usually, it happens all the time, as a matter of ...

ASIC’s 2017 annual report – what to expect in insolvency regulation

Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains ...

What work was involved in this liquidation and why did it take the time and resources claimed?

A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff ...