Law & Practice

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 …

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 …

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, …

‘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 …

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 …

New UK Insolvency Code of Ethics

A new version of the Insolvency Code of Ethics will apply from 1 May 2020 to all insolvency practitioners in …

A regulator’s report on insolvency practitioner remuneration

Australia’s bankruptcy trustees receive an average of $4,800 in administering each estate, with 63% of estates paying no remuneration at …

AFSA’s report on insolvency practitioner remuneration

AFSA has produced a report on insolvency practitioner remuneration – Registered Trustee Remuneration in the Personal Insolvency System – Best …

The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?

A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although …

Three liquidators for three intertwined companies

A Judge appointed individual liquidators to three separate companies – OT, AGM and Ozifin – rather than a common liquidator …

Winding up a foreign company – Blumenthal’s Tipsy Cake

Tipsy Cake was wound up on 12 February 2020, having had provisional liquidators appointed on 20 December 2019, who then …

Disclosure of business tax debts to credit agencies

Law allowing the Australian Taxation Office (ATO) to disclose tax debt information of businesses – corporate and personal, over AU$100,ooo …

Cross-border insolvency hearing between Australia and New Zealand

The Federal Court of Australia requested the High Court of New Zealand to help it jointly hear applications on 18 …

Independence of debtors’ chosen liquidators

If directors apply to the court have their company wound up in insolvency, or in fact support an application for …

A deferred tax debt can remain due and payable

If a company owing a debt enters into an agreed payment arrangement with the creditor, that can serve to defer …

Don’t be too harsh on non-compliant directors of failed companies?

The laws regulating the conduct of directors of companies in liquidation and laws regulating persons who go bankrupt exist in …

Million pound fines for breach of insolvency standards

The million pound fining of an insolvency firm and its administrators by the English accounting body ICAEW illustrates the differences …

A pointless distinction in corporate insolvency

In the 19th century, where much corporate insolvency law thinking still remains, a distinction was made between court ordered liquidations …

Review of Australia’s insolvency safe harbour – s 588GA

Australia’s ‘safe harbour’ regime under s 588GA is due for review, since September 2019, as to whether it offers the …