ARITA

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 …

Licensing of insolvency practitioners – decision making principles from New Zealand [updated post 13 June 2021]

Mr Damien Grant, the New Zealand insolvency practitioner who successfully challenged RITANZ’s decision to deny him the right to practice …

Double suspension as a liquidator and as a trustee

An experienced Australian insolvency practitioner (IP) has had his right to practise as a liquidator suspended by a Court for …

ARITA’s response to the Ombudsman’s small business insolvency inquiry

ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather …

A liquidator disciplinary decision – some regulatory insights

A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which …

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 …

Revised insolvency standard for practitioners. As to their professional bodies …

The Accounting Ethical and Professional Standards Board (APESB) has approved a new and revised APES 330 – Insolvency Services, the …

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 …

Mis’conduct proceedings based on evidence reported in the media’

ARITA advises that it can now ‘begin conduct proceedings [against its members] based on evidence reported in the media’.  Murrays …

Insolvency remuneration – time-charging, or better?

Lawyers’ fees in class actions were the subject of a recent conference[1] paper by Sir Rupert Jackson, given in Melbourne, …

Voluntary administrations and the benefits, or otherwise, of board turnover

Research just published[1] has looked at the relation between board turnover and the likelihood that a company that enters a …

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 2018 annual report – insolvency, what to expect

An interesting aspect of ASIC’s forthcoming 2018 annual report will be its review of the operation of the changes brought …

New Zealand insolvency practitioner reforms

Submissions on proposed major changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, closed on 24 …

What’s up, or on, in insolvency, early in 2018?

The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in …

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 …

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 …

ABA’s Anna Bligh and bank lending reforms

Anna Bligh, the Chief Executive of the Australian Bankers Association, has recently spoken of the “strong and mutually beneficial relationship between …

Whistleblowing, as a means of professional regulation?

The use of whistleblowers in the regulation of tax and corporate law, and the bases for incentivizing and protecting them, are …

INSOL Academics 2017

The INSOL Academics Colloquium was held over the weekend of 18-19 March 2017 in Sydney. The session covered a wide …

New insolvency laws commencing 1 March – Q&A

This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in …

Umpteen professional bodies regulating insolvency practitioners – overkill? or a spreading of the risk?

The new regulatory regime of insolvency practitioners under the Insolvency Law Reform Act 2016 provides for co-regulation shared between the regulators – …

An expansion of the Banking Code, or is a change in the law needed?

The story about the conduct of bank officers in the Sydney Insolvency News prompts my suggestion for a widening of …

Australia’s draft Insolvency Practice Rules 2016 – some issues

The draft Insolvency Practice Rules raise a few fundamental issues about due process – natural justice, professional body involvement, confidentiality …