ASIC v Jones [GD Pork] – insolvency practitioner independence and pre-insolvency advice

A court decision concerning insolvency practitioner independence and pre-insolvency advice usefully raises issues recommended for law reform review by the

Marginal annual increase in personal insolvencies said to be in line with high numbers forecast

There was a total of 9,930 personal insolvencies in Australia in the 2022–23 financial year – around 4% higher than

Liquidator remuneration is “a perfect example of the many competing interests that arise in a liquidation” …

and is “indicative of broader systemic factors within the insolvency system itself …”. The recent PJC Report on corporate insolvency

Rethinking Insolvency Practitioner Remuneration – Insolvency Law Bulletin

Had the decision in Re HRL Limited (in liq) [2022] VSC 693, allowing a “success fee” on insolvency practitioner (IP)

“The [too high] costs of insolvency”?

The Age newspaper in Australia has reported on what it describes as the “often extremely heavy” costs in administering insolvencies

Liquidators’ remuneration in Halifax referred to a referee

Going back some years, Australia rejected a single insolvency regulator for its personal insolvency practitioners on the one hand, and

A liquidator who stood to lose fees if his proceedings were not able to proceed

A company liquidator had unpaid fees amounting to $352,383 in his administration of a liquidated company – All Class –

Delayed payment of a receiver’s bill – by 400 days?

Delayed payment of bills is said to be a significant problem facing small to medium enterprises in particular, with ‘cash

Insolvency remuneration – time-charging, or better?

Lawyers’ fees in class actions were the subject of a recent conference[1] paper by Sir Rupert Jackson, given in Melbourne,

Bankruptcy by the hour

The ‘median’ hourly rates for trustees in bankruptcy are from $470 to $600, according to the Australian Financial Security Authority,

A liquidator’s ‘overbearing approach’ did not pay

A “ham-fisted” response by a liquidator to an application by a director to terminate the liquidation of his company, has

Challenge to banktruptcy trustees’ remuneration – continued

A challenge by the Inspector-General in Bankruptcy to trustees’ remuneration in an estate is before Justice Jennifer Davies of the

Bankruptcy remuneration challenge referred to mediation – Groll

Justice Jennifer Davies of the Federal Court has referred bankruptcy trustees’ remuneration to mediation, following a challenge by the trustees

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,

Speech by Justice Black on Insolvency Law

In a speech given to ARITA’s conference on 9 August 2017, Justice Ashley Black of the NSW Supreme Court has

Rough bankruptcy justice all round …?

Where a person has wrongly been made bankrupt, the court will usually remedy the problem by setting aside or annulling

What work was involved in this liquidation and why did it take the time and resources claimed?

A liquidator’s remuneration claim of over $350,000 for conducting the winding up a country dental practice involving 24 of his staff

Is the end result of Sakr Nominees continued “institutionalised time billing”?

While the insolvency profession might be satisfied with the final approval given to the liquidator’s remuneration, by Justice Ashley Black, in Sakr

The fees of insolvency lawyers – increased scrutiny under the new law

Liquidators and trustees in bankruptcy are more accustomed to seeing their own fees come under judicial scrutiny than the fees

Insolvency Law Amendment Bill 2017 (No 1?)

The government is proposing to amend only some of the insolvency law changes under the Insolvency Law Reform Act 2016

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,

How fixed fees work in insolvency – 1,796 companies at £6000 each = £1600 per company

An English Chancery Court decision has given guidance on the reasonableness of fixed fees in an insolvency, albeit the fees

INSOL International – Special Report on Insolvency Practitioners’ Remuneration

INSOL International has just published a global review of how insolvency practitioners’ fees are assessed and approved across a range of jurisdictions,

The decision in Sakr Nominees – keeping it in proportion

The NSW Court of Appeal has disposed of authority that sought to apply percentage based calculations to liquidators’ remuneration in