articles

Principles of Regulation of Insolvency Practitioners – an international standard

This comment was issued in October 2018; it is re-issued in May 2023, but not updated, for interest. The rather

How low can we go – funding the insolvencies of assetless estates

Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a

Insolvent assetless MSMEs – all but forgotten?

My commentary of October 2020 is re-issued, for readers’ interest.  Does it matter that a company is insolvent such that

Who should pay for the costs of the administration of an insolvency?

A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then

Insolvency returns to creditors and other fictions – reissued March 2022

Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent. 

Australian insolvency practitioner disciplinary decisions – short but to what point?

This report of two insolvency practitioner disciplinary decisions in Australia will be brief because the decisions, or their publicly released

Australia’s small business restructuring practitioners

Australia is proposing a sub-group of liquidator accountants to assist in administering its new corporate SME insolvency laws, set to

Do the Australian small to medium business insolvency reforms add up?

The numbers upon which the government is relying for the proposed SME reforms[1] don’t seem to add up. Apart from

Duties of directors of insolvent companies – New Zealand Supreme Court decision

The NZ Supreme Court has given a significant decision on the duties of directors in the face of their company’s

Bankruptcy and family provision claims

In Bankrupt for Life, concerning the way a person can remain bankrupt for ever in Australia if they never file

Feminist input to the theories of insolvency?

For those who would like to see how it is said that ‘feminist ideals’ are met in one or other

The proportion of insolvency practitioners who are women

Around the time of International Women’s Day and more generally there is often discussion about the low proportion of women

Selfies of Australian insolvency practitioners – not looking good …?

A recent Australian academic thesis reveals an insolvency industry comprising practitioners with low self-identity, lacking in self-confidence and with a

Major corporate collapses and the public interest – British Steel and more

The collapses in the UK of socially and economically important enterprises – British Steel, Carillion Constructions and Thomas Cook are

Insolvency – some root and branch ideas

Does the government shirk its responsibilities in ensuring the proper operation of our insolvency regime by unloading the costs of

Law reform obituary – CAMAC 1983-2018

The Corporations and Markets Advisory Committee (CAMAC) was a corporate law reform body comprising individuals eminent in that field.  It

Senate inquiry into unlicensed debt managers, credit repairers and payday lenders

The Senate Committee inquiry into debt management firms comes at an odd time, given pending regulation of such services by

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

Financial failure, bankruptcy and mental ill health – 2019

There can be a connection between a person’s mental health and their financial distress. In business, one can feed off the

Ordinary course of post – seven business days not four

Section 160 of the Commonwealth Evidence Act 1995 is proposed to be amended to change the day when posted letters are presumed

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

Contempt of court – “arguing for days on the exact length of the split in the hair”

Immigration law and policy and has been a contentious issue in Australia, with newspapers and politicians often infuriated by interpretations

A safe harbour from our harsh insolvency laws?!

The “safe harbour” reform bill has been introduced into federal parliament to address directors’ “medium risk” of liability for insolvent trading. 

External dispute resolution and complaints framework, and “debt managers”

Whether or how to regulate “debt management” firms comes up in the government’s decision to accept all 11 recommendations of the