Registration and discipline processes
Insolvency practitioners as employees
Updated on 5 March 2024 to refer to a 1996 Explanatory Memorandum in bankruptcy which says that, despite the case law, ...
Liquidator discipline outcome – reasons unknown
A discipline committee has cancelled the registration of a liquidator but declined to publish its reasons for doing so. ASIC ...
Reprimand and more for a liquidator – that’s about as much as we know
By a media release ASIC has reported that a disciplinary committee has decided to reprimand a liquidator, Nicholas Crouch, under ...
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 ...
