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Insolvent assetless MSMEs – all but forgotten?
14/12/2022
articles
regulation
technology
assetless companies
My commentary of October 2020 is re-issued, for readers’ interest. Does it matter that a company is insolvent such that
NZ’s measured review of class actions and litigation funding, noting Australia’s ‘polarised’ debate
17/12/2020
ALRC
class actions
litigation funding
NZ
The New Zealand Law Commission has commenced a 2 year inquiry into litigation funding and class actions, right at the
Australian insolvency practitioner disciplinary decisions – short but to what point?
06/12/2020
articles
industry bodies
regulation
Small Business Restructuring Practitioners (SBRB)
This report of two insolvency practitioner disciplinary decisions in Australia will be brief because the decisions, or their publicly released
Australia’s small business restructuring practitioners
19/11/2020
articles
MSME
regulation
COVID-19
Australia is proposing a sub-group of liquidator accountants to assist in administering its new corporate SME insolvency laws, set to
Caution against “reasoning backwards” in assessing the validity of liquidators’ litigation
29/10/2020
Delay
regulation
vexatious litigant
conduct of litigation
A judge has cautioned against “reasoning backwards” to assume that insolvency practitioners’ failed or injudicious legal proceedings either should not
Under the Trans-Tasman Mutual Recognition laws, licensed New Zealand insolvency practitioners should be able to practise in Australia …
26/09/2020
NZ
regulation
trans-Tasman
Articles
New Zealand has a new insolvency practitioner regulation regime which commenced on 1 September 2020. The regime has processes allowing
Insolvency licensing bodies confirmed for New Zealand’s new regulatory regime
25/08/2020
cross-border
NZ
regulation
RITANZ
The New Zealand Registrar of Companies has approved the first licensing bodies for the commencement of the new regulatory regime
New Zealand’s $1 insolvency practitioner regulation levy
19/08/2020
ASIC funding levy
NZ
regulation
Articles
The new New Zealand insolvency practitioner regulation regime, commencing on 1 September 2020, will be funded in part by a
Australian SME insolvencies – the ATO as the solution?
12/08/2020
ATO
phoenix activity
regulation
single touch payroll
While the government is no doubt considering a range of options to allow the insolvency system to cope with what
The potential for conflicts of interest in professional co-regulation
07/08/2020
co-regulation
independence
regulation
Articles
Referrals to a disciplinary committee of two senior insolvency practitioners with connections prompt my further explanations of Australia’s insolvency practitioner
Managing Australian and New Zealand insolvency practitioners
06/07/2020
NZ
regulation
trans-Tasman
Articles
CAANZ took a worthy leap some years ago in bringing the Australian and New Zealand accounting professions together. Given that
New Zealand’s insolvency practitioner regulation regime, from 1 September 2020
03/07/2020
NZ
regulation
RITANZ
UK
A new insolvency practitioner regulation regime for New Zealand will start on 1 September 2020, according to RITANZ, only a
Regulation of insolvency practitioners by accounting bodies
05/06/2020
co-regulation
NZ
regulation
UK
The outcomes of co-regulation of UK insolvency practitioners are explained in a May 2020 report of the ICAEW, with some
Crime and insolvency, Australian style
17/05/2020
Crime
regulation
UK
Articles
There is not much correlation between crime and insolvency, in my researches, certainly in comparison with crime in the world
Some thinking about insolvency pre-packs, panels and more
20/04/2020
Courts
pre-packs
regulation
UK
In a newspaper article of 20 April 2020* promoting a new ‘restructuring business’, some ‘new thinking’ is offered on changes
New Zealand insolvency practitioner regulation – possible delay
09/04/2020
NZ
regulation
CPA Australia
General
The new corporate insolvency practitioner licensing regime in New Zealand, due to start in July 2020, may be put off
The proposed reinvigoration of the UK’s business rescue culture through ‘recalibration of the balance of power’ – some steps too far for Australia?
01/03/2020
debtor in possession
regulation
UK
UK restructuring
A recent academic article from the UK has reviewed proposed restructuring reforms announced by the government in August 2018, although
What has happened to the proposed beneficial ownership of shares register?
21/02/2020
beneficial ownership
regulation
UK
General
A review of the ASIC Annual Report 2018 by a parliamentary committee was tabled only in February 2020. The report
The new law’s limitations in controlling phoenix misconduct
14/02/2020
ALRC
phoenix activity
regulation
white collar crime
The new anti-phoenix laws, so welcomed in certain quarters, will come up against some business and personal behaviours that are
A liquidator disciplinary decision – some regulatory insights
24/01/2020
AAT
ARITA
Registration and discipline processes
regulation
A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which
The 2020 insolvency practitioner codes
16/01/2020
ARITA Code
Code of ethics
NZ
regulation
New insolvency practitioner codes have issued in Australia, with the UK and NZ perhaps not far behind. It remains to
New Zealand – corporate insolvency practitioner regulation
19/11/2019
NZ
regulation
UK
coregulation
The New Zealand government has called for submissions on the proposed minimum standards and conditions for the licensing of insolvency
NZ insolvency practitioner costs recovery fees
02/10/2019
ASIC funding levy
NZ
regulation
UK
The New Zealand government has released a discussion paper on proposed regulations concerning fees and other arrangements in preparation for
Digital disruption is here but “progress towards a digital insolvency practice has to date been slow”
19/09/2019
regulation
digital disruption
artificial intelligence
General
A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and
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