Registration and discipline processes

Diversity and inclusion in insolvency

Diversity in the qualifications, experience, knowledge and abilities of those in the insolvency industry is the subject of this article, …

Liquidator’s registration suspended not cancelled, by agreement

In A liquidator disciplinary decision – some regulatory insights | Murrays Legal Commentary , I reported an AAT decision refusing …

Liquidator’s registration cancelled by ASIC

A company liquidator has had her registration cancelled following a decision by a statutory disciplinary committee that she had improperly …

Are industry and professional bodies’ disciplinary records protected from court scrutiny?

A liquidator had been the subject of disciplinary proceedings by ARITA in 2018. In later unconnected court proceedings, as a …

A liquidator disciplinary decision – some regulatory insights

A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which …

Registration of a liquidator, on conditions – Mansfield

The AAT has confirmed that a corporate insolvency practitioner’s ‘exposure’ to bankruptcy as being one criterion required to be met …

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 …

Liquidator conduct appeals – how long should they take?

The hearing of a challenge before the Administrative Appeals Tribunal of a Companies Auditors and Liquidators Disciplinary Board, (now CADB), …

Insolvency Law Reform Act – some real legislation errors

woodfer The changes effected by the Insolvency Law Reform Act 2016 are now law with some parts having commenced on …

The fine print in an ASIC form

With Australia’s new insolvency laws commencing this Friday 1 September, there is a late flurry of activity from the legislature …

“a sad (but regrettably not uncommon) occurrence in contemporary professional life”.

“The personal circumstances of DDQ offer a sad (but regrettably not uncommon) occurrence in contemporary professional life”. A disciplinary tribunal …

Bankruptcy trustees’ remuneration challenge – continued

A Victorian Supreme Court decision gives some background to the regulator’s decision to reduce bankruptcy trustees’ remuneration by over $277,000, …

Liquidators – have your “policies and procedures” handy, or “propose to put them in place”, soon

New section 30B of the ASIC Act allows ASIC to ask a liquidator to produce the ‘policies and procedures’ relating to external administrations and …

Protected: Law reform fixes needed to ensure protection of trustees and liquidators

There is no excerpt because this is a protected post.

ASIC’s 2017 annual report – what to expect in insolvency regulation

Report 532 ASIC’s regulation of registered liquidators: January to December 2016 is a rather dense and detailed report which explains …

Penalty privilege – one says hello, the other says goodbye

There are at least two unsatisfactory stories in this. The first one first. The High Court’s decision in Rich v …

Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts

This excellent review of insolvency practice in Japan provides an instructive perspective for those of us from Western legal traditions, …

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, …

Discipline process in insolvency — from 1 March 2017 – corporate

[a more detailed coverage] Replaces CALDB A discipline committee convened by ASIC under s 40-45 of the Corporations Schedule replaces …

Applying to be a bankruptcy trustee – part 2

The interest in this topic is such that some further issues must be explained, for the benefit of applicants and …

Applying to become a trustee in bankruptcy – some guidance from the case law

New rules on the application process to become a trustee in bankruptcy have applied from 1 March 2017. Briefly, they …