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 …