regulation

NZ’s measured review of class actions and litigation funding, noting Australia’s ‘polarised’ debate

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?

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

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

A judge has cautioned against “reasoning backwards” to assume that insolvency practitioners’ failed or injudicious legal proceedings either should not …

Insolvent assetless MSMEs – all but forgotten?

Does it matter that a company is insolvent such that something should be done by way of putting it into …

Under the Trans-Tasman Mutual Recognition laws, licensed New Zealand insolvency practitioners should be able to practise in Australia …

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

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

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?

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

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

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

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

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

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

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

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?

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?

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

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

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

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

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

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”

A recent journal article on the impact of artificial intelligence and its use by the insolvency profession has good and …