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