AFSA
“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 ...
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 ...
