Regulators

ASIC’s corporate plan, and the 27 August hearing before the PJC

With ASIC having appeared before the Parliamentary Joint Committee on Corporations and Financial Services on 27 August 2021, ASIC’s Corporate …

Offence reporting in insolvency

In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any …

Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.

This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at …

ASIC before the PJC – phoenix, DINs, AA Fund and the continuing 3 sins of liquidators

This is a very brief commentary on and extracts from evidence given by Mr James Shipton and others from ASIC …

Cleaning up the law – WA’s old diamond and other mines

The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up …

Cleaning up after a failed miner – who pays: Part 2

This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event …

Moving in together – personal and corporate insolvency law and policy

Mr Christian Porter, as the new federal Attorney-General, might like to consider transferring responsibility for personal insolvency from his law …

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), …

‘If you want to take us on in court, go for your life because, guess what …’

ASIC may not have meant it but comments to the recent PJC inquiry about ASIC’s “transformational industry funding” may raise …

ASIC and the PJC – hellholes, law enforcement, identity, funding, and more

Here are some selected snippets from the transcript of the PJC hearing oversighting ASIC, of 27 October 2017, the last …

Guerilla tactics needed against phoenix misconduct

While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government …

ASIC’s 2016-17 Report – insolvency practitioners

ASIC’s 2016-2017 annual report has been released.  The following comments focus on the report’s comments on ASIC’s oversight of liquidators …

Where’s an economist when you need one?

R3 in the UK has commented on a recent OECD Report, about which we gave some views when it came …

Surveillance /səˈveɪl(ə)ns/

“close observation, especially of a suspected spy or criminal”: Oxford Dictionary. In relation to professional and industry regulation, as relevant, …