bankruptcy

Small business insolvency advice via the Ombudsman

The federal government’s current focus on personal insolvency law reform coincides with Small Business Month in NSW and the Small …

Sole traders and insolvency

A report on the financial business health of Australian small business takes the novel approach of looking at sole traders. …

The new Attorney-General and business bankruptcies

As the new Attorney-General, Senator Michaelia Cash[1] will find her portfolio encompasses the current law reform debate about whether and …

Does small business count?

This Ombudsman’s follow up report – Small Business Counts – examines small to medium business enterprises (SMEs) from an economics …

Bankruptcy seems to be the hardest word

The government has not said anything about insolvency law reform for financially struggling individual small business operators among its claimed …

Extension of the COVID-19 insolvency protections – what’s the real problem?

The Australian government has extended the monetary threshold of A$20,000 for the commencement by creditors of bankruptcy and liquidation proceedings …

Leave to proceed against a bankrupt; but with questions about the legal representation

In an employee’s otherwise ordinary unpaid wages case the respondent employer went bankrupt mid- hearing and the employee’s legal representation …

Important rules in reviewing registrars’ sequestration orders

Chief Justice James Allsop of the Federal Court of Australia has written, both in his judgments and extra-judicially,[1] of the …

Boensch v Pascoe – High Court’s decision

The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed …

A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe

A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October …

Winding up a company for $2,000?

A court has suggested that the minimum debt amount for which a creditor can proceed to apply to wind up …

Too poor to be made bankrupt?

Most bankruptcies pay nothing to unsecured creditors. But there are only limited circumstances where a debtor can resist bankruptcy by …

Proportions of bankruptcies – a factor of 8.8 in Australia, but only 3.4 in England and Wales

While waiting to see if Australia’s parliament decides to introduce a one year period of bankruptcy, down from the current …

Guardianship and bankruptcy – NSW law reform report misses the point?

A father who suffered a debilitating stroke left his son with the legal difficulty, in a quagmire of state and …

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 …

Bankrupt parliamentarians – ok or not?

At a time when the government has a Bill before Parliament to reduce the period of bankruptcy from three years …

Release from bankruptcy of a deaf person

A deaf person, with some mental impairment, who was bankrupt was successful in having an objection to his discharge from …

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 …

Moving in together – personal and corporate insolvency law and policy

Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law …

Legislative drafting – 2017 reliance on a 1901 precedent

Modern Commonwealth laws still rely on 1901 drafting precedents despite changes in the law over the last 116 years. As …

One year bankruptcy reform – submissions due by 31 January 2018

The government has put off its announced one year bankruptcy law until well into next year, asking for submissions by …

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 …