New Zealand
Double suspension as a liquidator and as a trustee
An experienced Australian insolvency practitioner (IP) has had his right to practise as a liquidator suspended by a Court for ...
Too much independence? a re-issue of my 2016 commentary
My analysis below of the law of insolvency practitioner independence, written in October 2016, is reissued in February 2020 in ...
NZ’s 2019 Insolvency Practitioners Regulation Act and its cross-Tasman impact
NZ’s Insolvency Practitioners Regulation Act is due to commence over the next year introducing a licensing and regulatory regime for ...
Revised insolvency standard for practitioners. As to their professional bodies …
The Accounting Ethical and Professional Standards Board (APESB) has approved a new and revised APES 330 – Insolvency Services, the ...
NZ Insolvency Practitioners Bill – RITANZ submission
The submission of RITANZ of 7 September 2018 on the proposed Insolvency Practitioners Bill presently before the NZ parliament raises ...
Liquidators’ examinations – not the same judicial restraint in Australia as in England and NZ
As the Full Federal Court has just confirmed, an Australian liquidator may conduct a public examination of a prospective or ...
Directors’ identities, their home addresses, and more
With Australia having just closed its consultation on allowing company directors to have a director identity number (DIN), it is ...
Gift card reform – “a GIFT, not an investment”? or “there should be NO expiry EVER”?
Federal Treasury has closed its public consultation on an exposure draft of the Competition and Consumer Amendment (Gift Cards) Bill ...
Consultation on director identity numbers – responses by 17 August 2018
In the 2018-19 Budget, the Australian government announced that it would modernise the Australian Business Register (ABR) and the ASIC ...
New Zealand’s changes to its insolvency laws
Proposed changes to NZ insolvency laws through the Insolvency Practitioners Bill, presently before parliament, are open for submissions until 24 ...
NZ insolvency practitioner co-regulation – new law proposed
In a forthcoming article, I examine an aspect of Australia’s new regime for the (over) regulation of insolvency practitioners, which ...
A liquidator’s ‘overbearing approach’ did not pay
A “ham-fisted” response by a liquidator to an application by a director to terminate the liquidation of his company, has ...
New NZ Insolvency Code of Professional Conduct
RITANZ, the Restructuring Insolvency and Turnaround Association of New Zealand, has released its Code of Professional Conduct for its members, ...
What’s up, or on, in insolvency, early in 2018?
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in ...
Are accountants professionally restricted in advising directors on safe harbour?
A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed and ...
Codes of conduct
Codes of conduct need to remain in step with on-going changes in the commercial and business worlds in which they ...
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out ...
Insolvency practitioner regulation – New Zealand & Australia
Comparing NZ insolvency law with Australia’s, in preparation for the BFSLA conference this week on 1 September 2017, the day ...
Banking & Financial Services Law Association Conference – 31 August-2 September
The Banking and Financial Services Law Association is holding its annual conference in Brisbane on 31 August-1 September 2017, in ...
NZ accountants’ new Code obligations, with Australia close behind
Accountants in New Zealand, including those who are insolvency practitioners, are from this week required to refer relevant breaches of ...
A New Zealand Ponzi – the final outcome of McIntosh v Fisk
The second report of the NZ insolvency working group had deferred consideration of the application of the voidable transactions regime ...
NZ insolvency reform – gift cards, director identity numbers, voidable transactions, Ponzi schemes, and more
New Zealand does well in its insolvency law reform, partly assisted by not being a federation (no Linc Energy surprises), ...
Challenges to trusts by bankruptcy trustees – New Zealand law reform
A recent change to the New Zealand Insolvency Act 2006 (Schedule 1, new para (x)) has given power to the ...
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 ...
