General

A health check of the Australian corporate insolvency system – updated

Commentary following issued in April 2020 is reissued in September 2020 in light of the reports that a significant proportion …

Insolvency Law Bulletin – safe harbour, Tiger Resources, Virgin and who’s the employer

The latest Insolvency Law Bulletin contains a warning about the (then) ending on 24 September of the COVID-19 protections, now …

New Zealand’s COVID-19 laws on reckless trading and debt hibernation

The COVID-19 Response (Further Management Measures) Legislation Bill has been introduced into the New Zealand parliament is now before the …

Further Covid-19 Restructuring Survey Results – Australia

In my post of 3 May 2020, I reported on various surveys both during the COVID-19 crisis, and before. One …

Impact of the Jackson reforms on insolvency litigation in the UK

An April 2020 report in the UK by Professor Peter Walton on the impact of the ‘Jackson’ legal costs reforms …

Are industry and professional bodies’ disciplinary records protected from court scrutiny?

A liquidator had been the subject of disciplinary proceedings by ARITA in 2018. In later unconnected court proceedings, as a …

Australia’s temporary personal debt protection

One of the ‘COVID-19’ bankruptcy reforms made in Australia on 25 March 2020 was to extend the period of a …

Insolvency practitioner independence – law and practice

One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain …

Some thinking about insolvency pre-packs, panels and more

In a newspaper article of 20 April 2020* promoting a new ‘restructuring business’, some ‘new thinking’ is offered on changes …

UNCITRAL guidance on MSE insolvency – Insolvency Law Bulletin article

An article in the latest Insolvency Law Bulletin[1] reports on the progress of UNCITRAL Working Group V[2] in developing law …

A class action hearing ‘as inconvenient and tedious as this is going to be’ – COVID-19

Ford Motor Co has failed in having adjourned, for COVID-19 reasons, a class action hearing over its allegedly defective gear …

New Zealand insolvency practitioner regulation – possible delay

The new corporate insolvency practitioner licensing regime in New Zealand, due to start in July 2020, may be put off …

New Zealand’s COVID-19 insolvency measures – safe harbour; debt hibernation

The New Zealand Government has announced it will be introducing legislation to make changes to the Companies Act to help …

Case adjourned for COVID-19 health and property value concerns

A son’s claim under the ACT Family Provision Act 1969 sought a life interest in property of his deceased mother, …

Australia’s new fortnightly ‘COVID-19’ personal insolvency statistics

The Australian bankruptcy trustee and regulator AFSA has started to release fortnightly statistics on personal insolvencies in Australia[1] to assist …

‘Unhappy’ delay in an insolvent winding up

A NSW Judge was ‘unhappy’ about delay in a solvency report being prepared for the defendant, in response to what …

Reform of insolvency communications by email, and beyond

Corporate insolvency law in Australia concerning communications with creditors needs modernising, and well beyond what is available in 2020.  When …

ARITA’s ‘bushfire and COVID-19’ request to government for funding

ARITA – the main Australian industry body representing insolvency practitioners and lawyers – has asked the government[1] for funding to …

Managing the insolvency curve – a new government role is needed?

There is expected to be a wave of businesses and individuals going into liquidation or bankruptcy despite the huge financial …

Just when we have some creditor activism in insolvencies …

Will the current extreme crisis we confront finally stir insolvency creditor activism, but in the wrong way? or further dampen …

Changes to Australia’s insolvency laws – some different perspectives

The recent changes to Australia’s insolvency laws are being well explained by the experts. These are some comments from me …

How to best handle a major airline collapse

When a government sets up an inquiry into how to deal with the insolvency of a certain industry, the industry …

Australia’s inconsistent tax and insolvency laws

Recent research has revealed that although the Australian Taxation Office (ATO) lost its priority in insolvencies in 1993, and was …

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 …