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