Conferences and publications
What is the future of insolvency practice?
The insolvency reforms of 2017 have been seen as a missed opportunity for Australia to introduce internet-based processes and approaches to its insolvency law, which,…
Whistleblowing – panel debate – Bret Walker SC, Kate McClymont, and more – 19 November
The Australian Academy of Law is hosting a free on-line seminar on whistleblowing on Thursday evening 19 November 2020 from 5pm, chaired by Justice Julie…
Data Availability and Transparency Bill and Australia’s SME insolvency reforms
Following on some decades of government inattention to the collection of adequate statistical data in insolvency, but with law reforms proceeding regardless, the Australian government…
ATO’s right to garnishee – a “privileged position … likely to result in failed corporate rescue attempts”?
A recent article Getting the priorities right: ATO garnishee notices in times of corporate distress by Sylvia Villios and David Brown[1] has highlighted what is…
Transparency in the selection process of liquidators and trustees
The Insolvency Law Reform Act 2016 introduced some, let's say, novel provisions in relation to the registration and discipline of Australian insolvency practitioners which I…
Insolvency Law Bulletin – safe harbour, Tiger Resources, Virgin and who’s the employer
The latest Insolvency Law Bulletin contains a warning about the (then) ending on 24 September of the COVID-19 protections, now since extended to 31 December.…
Some parliamentary reminders for ASIC’s 2020 annual report
The 1 September 2020 report of the Parliamentary Joint Committee on Corporations and Financial Services on the 2018–2019 annual report of ASIC has pointed out…
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 period of some weeks to…
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 regulation system and raise issues…
Virtual Panel Series – UNCITRAL Texts and COVID-19 Response and Recovery – MSMEs and access to credit and secured lending
An interest group in Australia, the UNCITRAL Coordination Committee for Australia (UNCCA), has a role in monitoring and attending UNCITRAL[1] sessions including those of UNCITRAL’s…
How is Australia’s safe harbour from insolvent trading working? some survey results
An article by Professor Ian Ramsay and Associate Professor Stacey Steele has just been published reporting on survey responses of ARITA members about the Australian…
Insolvency Law Bulletin – June 2020
The latest issue of the Insolvency Law Bulletin has just appeared containing a wide range of topics in personal and corporate insolvency, with the COVID-19…
Is the Australian insolvency system insolvent?
That is broadly the topic of a paper tentatively titled “the Australian insolvency system (in voluntary administration) - the s 439A report" soon being presented…
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 comparisons drawn with the regulation…
Feminist input to the theories of insolvency?
For those who would like to see how it is said that ‘feminist ideals’ are met in one or other of the various theories of…
Surveys of Australian insolvency and turnaround professionals
An early survey of insolvency professionals in Australia in relation to the impact of COVID-19 reveals an apparent contradiction, that insolvency firms, whose work depends…
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 their independence, saying that ‘it’s…
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 needed to meet what is…