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Government
Dear Parliamentary Counsel
04/11/2020
legislative drafting
Parliamentary Counsel
Articles
Government
The Commonwealth Integrity Commission Bill 2020 is important in many respects and some would see the following aspect of it
Extension of the COVID-19 insolvency protections – what’s the real problem?
09/09/2020
bankruptcy
insolvent trading
zombie companies
COVID-19
The Australian government has extended the monetary threshold of A$20,000 for the commencement by creditors of bankruptcy and liquidation proceedings
New Zealand insolvency practitioner regulation – possible delay
09/04/2020
NZ
regulation
CPA Australia
General
The new corporate insolvency practitioner licensing regime in New Zealand, due to start in July 2020, may be put off
Lost in my translation – correction to bankruptcy trustee remuneration statistics
04/04/2020
trustee remuneration
Articles
Government
AFSA has properly drawn to my attention that figures I have given about the remuneration of bankruptcy trustees have not
How to best handle a major airline collapse
14/03/2020
UK
airlines
General
Articles
When a government sets up an inquiry into how to deal with the insolvency of a certain industry, the industry
A regulator’s report on insolvency practitioner remuneration
08/03/2020
assetless
General
Law & Practice
Articles
Australia’s bankruptcy trustees receive an average of $4,800 in administering each estate, with 63% of estates paying no remuneration at
The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?
01/03/2020
debtor in possession
regulation
UK
UK restructuring
A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although
What has happened to the proposed beneficial ownership of shares register?
21/02/2020
beneficial ownership
regulation
UK
General
A review of the ASIC Annual Report 2018 by a parliamentary committee was tabled only in February 2020. The report
The new law’s limitations in controlling phoenix misconduct
14/02/2020
ALRC
phoenix activity
regulation
white collar crime
The new anti-phoenix laws, so welcomed in certain quarters, will come up against some business and personal behaviours that are
Three year ‘imprisonment’ for bankruptcy debt
09/02/2020
one year bankruptcy
imprisonment for debt
General
Books and journals
Australia has historically been seen as severe in its approach to unpaid debt and opposition to changing the 3 year
Don’t be too harsh on non-compliant directors of failed companies?
07/02/2020
directors duties
ROCAP
statement of affairs
General
The laws regulating the conduct of directors of companies in liquidation and laws regulating persons who go bankrupt exist in
Review of Australia’s insolvency safe harbour – s 588GA
03/02/2020
insolvent trading
NZ
safe harbour
General
Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the
ARITA’s response to the Ombudsman’s small business insolvency inquiry
28/01/2020
ARITA
ASBFEO
MSME
General
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather
A liquidator disciplinary decision – some regulatory insights
24/01/2020
AAT
ARITA
Registration and discipline processes
regulation
A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which
The 2020 insolvency practitioner codes
16/01/2020
ARITA Code
Code of ethics
NZ
regulation
New insolvency practitioner codes have issued in Australia, with the UK and NZ perhaps not far behind. It remains to
Ombudsman’s insolvency inquiry and the nature of small business debt
16/01/2020
MSME
Ombudsman insolvency inquiry
General
Law & Practice
The Australian Small Business and Family Enterprise Ombudsman has written a newspaper article about the ‘Insolvency Practices Inquiry’ in the
Insolvency R&B law reform ideas
01/01/2020
ASIC fees
government liquidator
UK
abandoned companies
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt
Insolvency data sharing and access?
30/12/2019
ALRC
data collection
General
Articles
A number of academics, including myself, made a submission to the Data Commissioner’s Data Sharing and Release Legislative Reforms Discussion
New Zealand insolvency – accrediting the professional bodies
20/12/2019
NZ
UK
accreditation
General
Public consultation in New Zealand is now open on a discussion paper on the minimum standards and standard conditions for
Small businesses and their financial difficulties – the Ombudsman’s inquiry
20/12/2019
General
Law & Practice
Articles
Government
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise
MYEFO 2019-20 – ASIC, phoenixing and ‘journalists’
17/12/2019
director identity number
phoenix activity
MYEFO
ASIC search fees
The government’s mid-year economic and fiscal outlook 2019-20 has these interesting items about access to ASIC’s registers, unlawful phoenixing and
Review of the CATSI Act 2006
11/12/2019
ILRA
Indigenous corporations
CATSI Act
General
The government has announced a review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) which is
Anti-competitive conduct in the insolvency industry?
03/12/2019
competition law
cartels
General
Law & Practice
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code
Liquidator’s fees were too low
01/12/2019
phoenix activity
General
Law & Practice
Articles
Adverse findings have been made against a liquidator by a disciplinary committee, one being that he accepted fees that were
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