UK

Choosing practitioners to administer Australian MSME insolvencies

The Australian government is presently finalising its draft SME insolvency law reform proposals.  Apart from getting the law right, as …

Who wants to be an SME insolvency practitioner? Australia’s proposed reforms

Australia proposes to follow England’s lead in giving insolvency practitioners the initial role in new debtor in possession insolvency reforms, …

Fightback! SMEs get a new restructuring tool

The federal Treasurer has announced a new restructuring regime for struggling small to medium enterprises (SMEs)[1] which adopts a ‘debtor-in-possession’ …

UK’s plan to give great access to corporate data, beneficial ownership etc

In What has happened to the proposed beneficial ownership of shares register? in February 2020, I asked what has happened …

A “private arrangement” between a liquidator and the Tax Commissioner

The Commissioner of Taxation has purchased a litigation claim from a liquidator, on what terms we are not permitted to …

UK gearing up for major corporate liquidations in ‘unpredictable times for the insolvency sector …’

In what appears to be ominous but necessary preparation for the continued economic consequences of COVID-19, the UK Insolvency Service …

Insolvency and debtor in possession – hospital or home care?

If Joe thought he might have a serious medical condition, but did not want to go to hospital for a …

Can a debtor resist a bankruptcy arising from COVID-19?

So far the courts in Australia have not had to deal with many creditors’ bankruptcy petitions against debtors in the …

Cross-border proof of an Australian bankruptcy

A certificate of appointment under Bankruptcy Regulation 8.02 in relation to a voluntary bankruptcy should generally be sufficient to support …

“Insolvency business is booming …” in the UK

Adrian Duncan was an insolvency practitioner in Australia years ago.[1]  He now practises in the UK and it seems is …

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 …

Behind the UK government insolvency reforms

The Corporate Governance and Insolvency Bill has been introduced into the United Kingdom Parliament and is due for debate on …

Who should pay for the costs of the administration of an insolvency?

A debtor in Australia pays no fee to have themselves made voluntarily bankrupt. If that does not seem odd, then …

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 …

Impact of the Jackson reforms on insolvency litigation in the UK

An April 2020 report in the UK by Professor Peter Walton on the impact of the ‘Jackson’ legal costs reforms …

Insolvency practitioner independence – law and practice

One of Australia’s insolvency bodies, ARITA, has issued a reminder to its members about the need for liquidators to maintain …

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 …

Cryptoassets, hot and cold wallets, and a liquidation

Was cryptocurrency ‘property’ of a company in liquidation, and was it held on trust for the accountholders? Cryptopia Ltd (in …

Managing the insolvency curve – a new government role is needed?

There is expected to be a wave of businesses and individuals going into liquidation or bankruptcy despite the huge financial …

Changes to Australia’s insolvency laws – some different perspectives

The recent changes to Australia’s insolvency laws are being well explained by the experts. These are some comments from me …

How to best handle a major airline collapse

When a government sets up an inquiry into how to deal with the insolvency of a certain industry, the industry …

Australia’s inconsistent tax and insolvency laws

Recent research has revealed that although the Australian Taxation Office (ATO) lost its priority in insolvencies in 1993, and was …

New UK Insolvency Code of Ethics

A new version of the Insolvency Code of Ethics will apply from 1 May 2020 to all insolvency practitioners in …