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AFSA
Association of Independent Insolvency Practitioners’ Third National Insolvency Conference
01/07/2022
Fair Entitlements Guarantee - FEG
Ombudsman
AFSA
AIIP
“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?
20/06/2022
AFSA
bankruptcy
trustee remuneration
R3
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
19/06/2022
UK regulation
IP regulation
AFSA
AIIP
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
22/02/2022
AFSA
debtors petitions
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
19/04/2021
AFSA
ASIC
Insolvency Service UK
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
27/10/2019
ASIC
ATO
AFSA
ARITA
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)”
21/07/2019
UNCITRAL Model Law
Model Law on Recognition
AFSA
UNCITRAL
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
05/07/2019
ASIC
regulation
liquidator and trustee registration
AFSA
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
06/11/2018
electronic service
AFSA
ARITA
ASIC
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
05/11/2018
Harmer Report
harmonisation
ROCAP
SOA
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
13/10/2018
NZ
RATA
ROCAP
UK insolvency
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
24/09/2018
unclaimed moneys
AFSA
General
Articles
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”
19/08/2018
bankruptcy restriction orders
Insolvency Service UK
one year bankruptcy
AFSA
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
08/06/2018
ASIC
bankruptcy
Insolvency Practice Rules
Registration and discipline processes
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
07/06/2018
panel of trustees
remuneration
AFSA
General
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”.
07/05/2018
commentary
Crime
Law reform
Senate Committee
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
02/03/2018
APESB
ASIC
bankruptcy
Canada
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?
26/02/2018
Statistics
AFSA
bankruptcy
General
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
06/02/2018
European Commission
General
international
Law reform
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
18/12/2017
ASIC
Canada
environmental
Ethics
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
15/12/2017
proportionality
remuneration
AFSA
Case law
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
28/11/2017
General
AFSA
bankruptcy
Conferences and events
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?’
16/11/2017
debt management firms
Financial law reform
General
Law reform
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
03/11/2017
Insolvency profession
Law reform
phoenix activity
Regulators
While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government ...
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