Law & Practice
Australia’s Official Receiver (in corporate insolvency)
Australia adopted much of English corporate law at the beginning of the 20th century but one thing it did not ...
Breaking a bankruptcy monopoly in New Zealand
There are moves in NZ to break the monopoly of the Official Assignee in personal insolvency by allowing private insolvency ...
New Zealand – corporate insolvency practitioner regulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency ...
Fair Entitlements Guarantee – powers to demand information
The Department of Employment, Skills, Small and Family Business’ Annual Report 2018-2019 provides some information about the Fair Entitlements Guarantee ...
A bankrupt and ‘one rooster, one peacock, three ducks, and 22 chickens …’
A person’s bankruptcy can arise from a host of circumstances, disputes with neighbours and non-compliance with local council requirements being ...
Do old emails ever die?
A respondent car hire company being sued by the ACCC for unconscionable conduct has claimed that what the ACCC alleges ...
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October ...
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws ...
NZ insolvency practitioner costs recovery fees
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for ...
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and ...
Use of referees in insolvency litigation
Justice Michael Lee of the Federal Court of Australia has called for a more proactive response from liquidators and trustees ...
NSW Law Society’s Specialist Accreditation Conference 2019
I am presenting to senior lawyers at the NSW Law Society’s Specialist Accreditation Conference 2019 on 9-10 August, in the ...
Some concession for small business bankruptcy under severe NSW law
NSW law can remove a person’s right to practice their job for up to 6 years, in the person has ...
ASIC’s “significant element of vexation”
ASIC has failed in an application to have an inquiry conducted into joint liquidators’ conduct – Hurst and Wily – ...
Unclaimed bankruptcy moneys – new law
Easier processes to recover unclaimed moneys in bankruptcy commence at the end of June 2019. The Official Receiver in Bankruptcy ...
An inquiry into a liquidator’s conduct, some many years ago
ASIC has succeeded in obtained a court order for an investigation of the conduct of a liquidator, in relation to ...
