Blog
Trends in personal insolvency given to Senate committee
Representatives of the personal insolvency law administrator – AFSA – appeared on 24 January 2019 before the Economics References Committee
Environmental regulator prevails over liquidators’ right of disclaimer – decision of the Supreme Court of Canada
The rights of an environmental regulator against an insolvent company prevail over the right of the company’s liquidator to disclaim
‘The defaulter’s paradise is lost’ – an unsuccessful challenge to India’s new Bankruptcy Code
India’s new Bankruptcy Code has survived an initial challenge to its constitutional validity, with the Supreme Court of India waxing
An employee or an independent contractor? a checklist
The AAT has given a useful decision, finely balanced on the facts and the law, that a person – Mr
Liquidator’s right to disclaim contaminated land – important decision pending
Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme
Does insolvency practice constitute a profession?
Those who specialise in insolvency law and practice, and restructuring, would no doubt consider they act professionally, however that term
Inquiry into debt services for those in financial hardship – 22 January hearing
The Senate Standing Committee on Economics inquiring into credit and financial services targeted at people at risk of financial hardship
A new priority of the Commonwealth – FEG – in an insolvency?
This post, of 18 January 2019, is reissued, for readers’ interest and information. The move generally in insolvency law, and
The costs of lawyer litigants – ‘Chorley’ off to the High Court
Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as
Opportunistic and manipulative insolvency practitioners?
Insolvency practitioners’ (IP) remuneration for the work performed in administering an insolvent estate attracts public attention, much of which is
Professional body regulation of Australian insolvency practitioners
Having reviewed the current regulation of insolvency practitioners (IPs) by both ASIC and AFSA, ARITA is now examined, and to
Insolvency Practitioners Regulation Act (NZ) 2019?
A New Zealand government committee has recommended the passage of the long awaited Insolvency Practitioners Bill with some few amendments,
Bankruptcy trustees’ performance 2017-2018
AFSA’s Personal Insolvency Compliance Report 2017-2018 may be rather welcome in its positive reporting of its findings in relation to
More soft law – ARITA’s insolvency practice statements
ARITA has released a number of draft Practice Statements for comment. These Practice Statements are designed to give ‘technical’ guidance
273 vexatious claims against “to name a few, her Majesty the Queen, as the [251st] cross-respondent …
A bankrupt vexatious litigant, Garrett, could not start court actions because of his vexatious status. Instead he managed to lodge
Model Law on Cross-Border Insolvency – its procedural limitations
The Model Law on Cross-Border Insolvency is not quite as expansive in its assistance to foreign liquidators and trustees as
Revised draft of Australia’s 2014 insolvency code of practice
ARITA has released a consultation draft of its Code of Professional Practice for Insolvency Practitioners. This will be the 4th
Managing government contracts through financial distress – AGS Commercial Notes, November 2018
This Australian Government Solicitor bulletin offers a comprehensive coverage of the terms of commercial agreements with the Australian government and
UNCITRAL – insolvency working group Vienna – 10-14 December 2018
A small group from Australia is in Vienna this week to attend the regular meeting of UNCITRAL Working Group V
What to do about problem debt advisers?
A late submission received by the Senate Economics Committee inquiry into credit and financial services aimed at those at risk
Trial decisions pending a High Court appeal in Amerind
It can be legally difficult to determine what the law is when a significant legal issue is on appeal, leaving
A regulator ‘getting tough’
This broadcast – Getting tough on untrustworthy advisors – in fact comes from the bankruptcy regulator, AFSA, about what it
New draft version of APES 330 – Insolvency Services
APESB has issued a long-awaited revision of its insolvency code – APES 330 Insolvency Services – with a view to
Liquidators – spending money to justify spending money
Charging a second fee to justify charging an initial fee might seem odd but this can be the case when
