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bankruptcy
Increase in Australian insolvency numbers
04/07/2023
bankruptcy
Statistics
PJC Insolvency Inquiry 2022
Personal insolvency numbers show a continued increase in numbers but still well below past figures; on the other hand, corporate ...
What is it about bankruptcy?
28/11/2022
bankruptcy
It was November 2015 that the then government announced a proposed reduction in the period of restrictions of bankruptcy to ...
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 ...
Small business insolvency advice via the Ombudsman
01/03/2022
Ombudsman
ASBFEO
Attorney-General
bankruptcy
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
15/10/2021
Attorney-General
bankruptcy
sole traders
PIPA
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
01/04/2021
Attorney-General
bankruptcy
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?
15/12/2020
ASBFEO
bankruptcy
MSME
Articles
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
29/11/2020
bankruptcy
COVID-19
insolvency
Articles
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?
09/09/2020
COVID-19
liquidation
bankruptcy
insolvent trading
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
09/06/2020
bankruptcy
leave to proceed
legal practitioner
Articles
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
22/05/2020
bankruptcy
Articles
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
19/12/2019
caveats
bankruptcy
trusts
General
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
14/10/2019
bankruptcy
trusts
Law & Practice
Articles
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?
27/08/2019
winding up
bankruptcy
minimum amounts
UK
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?
24/09/2018
sequestration
bankruptcy
poverty as a defence
General
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
20/08/2018
bankruptcy
England and Wales
Statistics
Articles
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?
20/08/2018
bankruptcy
guardianship
General
Articles
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
08/06/2018
bankruptcy
Insolvency Practice Rules
Registration and discipline processes
AFSA
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?
23/05/2018
bankruptcy
Constitutional law
General
Blog
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
20/03/2018
objection to discharge
bankruptcy
Case law
General
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
02/03/2018
ASIC
bankruptcy
Canada
Case law
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
AFSA
bankruptcy
General
Statistics
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
General
international
Law reform
one year 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
29/12/2017
Law reform
Regulators
Treasury
Attorney-General
Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law ...
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