Law reform

Our new insolvency reforms … tired of waiting

I became tired of waiting for a government response to the commencement of the Insolvency Law Reform Act 2016 on 1 March ...

Unpaid super, again; single touch payroll; penalties, and more

The Senate Economics References Committee is conducting another inquiry into the problem of the non-payment of superannuation by employers of ...

The decision in Sakr Nominees – keeping it in proportion

The NSW Court of Appeal has disposed of authority that sought to apply percentage based calculations to liquidators’ remuneration in ...

ASIC’s regulation of unlawful phoenix activity – report 513

ASIC’s latest enforcement report – REP 513 ASIC enforcement outcomes: July to December 2016 – says up front that it ...

Australia’s first/worst insolvency reforms in many years – but she’ll be right….

Australia has implemented its first major insolvency reforms in many years but rather than being seen as an achievement they are ...

Liquidators working overseas – how are they regulated? INSOL Academics 18-19 March 2017

I am pleased to be presenting at the INSOL Academics’ Group Colloquium in Sydney, being held on 18 and 19 ...

Liquidators as the last in line – the Insolvency Law Bulletin

In an article entitled “Last Man Standing” in the Insolvency Law Bulletin, I have addressed the question of regulators tending ...

New insolvency laws now, with practitioners invited to implement some of the further new law before September

The first tranche of the changes effected by the Insolvency Law Reform Act 2016 commenced on 1 March 2017.  The ...

New insolvency laws commencing 1 March – Q&A

This series of questions and answers address many of the issues with which practitioners and lawyers will be confronted in ...

UK insolvency practitioners can F…. their Forms

While insolvency practitioners in Australia are anxiously waiting to find out what new forms they must fill in and tick ...

The most useful and well researched and argued law reform report for many years – Phoenix Activity: Regulating Fraudulent Use of the Corporate Form

The most useful and well researched and argued law reform report for many years has been issued on what to ...

Beneficial ownership of companies – consultation

The government has released a consultation paper on improving the transparency of information on the beneficial ownership and control of ...

ASIC’s industry funding model – draft laws

Drafts of ASIC’s Supervisory Cost Recovery Levy Bill 2017 and related Bills have been released for comment, by 10 March ...

Do you really want to renew your trustee registration under this new law?

It’s a matter for you but if you do, here is the application for renewal – form 31, from AFSA, ...

Insolvency reforms – what to expect in the first few weeks

This explains what insolvency practitioners, and lawyers, may immediately confront in the first weeks or so of the new law, ...

The new insolvency laws – what to expect in the first weeks

What will liquidators, trustees and lawyers, and the courts, immediately confront in the first weeks or so of the new law, ...

Assessing the insolvency regulators’ self-assessments – from tea and biscuits to zero tolerance

ASIC has released a report self-assessing itself, according to requirements of the Commonwealth Regulator Performance Framework: Report 511 ASIC self-assessment ...

Chains of responsibility – Queensland’s environmental protection law – part 2

The Queensland government has on 27 January 2017 issued a guideline under its new ‘chain of responsibility’ environmental protection legislation whereby ...

Insolvency Law Reform Act 2016 – more unpaid work for liquidators?

ARITA has reported that the ILRA 2016 imposes a significantly broader range of reporting obligations on liquidators than indicated in ...

Umpteen professional bodies regulating insolvency practitioners – overkill? or a spreading of the risk?

The new regulatory regime of insolvency practitioners under the Insolvency Law Reform Act 2016 provides for co-regulation shared between the regulators – ...

So you don’t want to conduct liquidations or administrations, you just want to do receiverships?

The new insolvency law commencing 1 March 2017 allows a practitioner to be registered solely for the purpose of being ...

Credit reporting of tax debts – one measure among many

From 1 July 2017, the Government has announced that it will allow the Australian Taxation Office (ATO) to disclose to ...

Regulator reports on the high standards of insolvency practitioners, but …

The final report of the year 2016 on the standards and performance of the insolvency profession is rather impressive. Our ...

Senate inquiry

On 29 November 2016, the Senate referred the following matters to the Economics References Committee for inquiry and report by ...