Conferences and publications
ARITA’s ‘bushfire and COVID-19’ request to government for funding
ARITA – the main Australian industry body representing insolvency practitioners and lawyers - has asked the government[1] for funding to enable it to address various…
Obligations to whistleblow
Journalists and accountants among others are obliged by NSW law to 'whistleblow' - to report to the police - if they know of the commission…
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 yet to be implemented. These…
A not so simple fix for franchise insolvency?
The financial collapse of a franchisor can have a severe impact on its franchisees but a "simple fix" proposed to address that impact may not…
Three year ‘imprisonment’ for bankruptcy debt
Australia has historically been seen as severe in its approach to unpaid debt and opposition to changing the 3 year period of time before bankruptcy…
ARITA’s response to the Ombudsman’s small business insolvency inquiry
ARITA has offered a 60-page submission to the Ombudsman’s inquiry, which, given the quality of the inquiry, may be rather excessive but is nevertheless useful.…
How low can we go – funding the insolvencies of assetless estates
Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a legal regime is an issue…
Insolvency R&B law reform ideas
While the ASBFE Ombudsman, ARITA and others are looking at insolvency law reform, including for SMEs, they will no doubt consider some root and branch…
Why didn’t someone do something? the obligation to whistleblow
There is a current focus on whistleblowing as being one means whereby unlawfulness can be controlled. But what can be a voluntary and sometimes difficult…
The Australian Academy of Law 2019 prizewinners
The Australian Academy of Law awards annual essay and other prizes. On 7 December 2019, the essay prize of $10,000 was awarded to Dr Ellen…
Dealing with MSE insolvency – UNCCA Australia
Earlier in December 2019, LLM candidate and graduate lawyer Samantha Pacchiarotta and final year law student Cassandra Heaslip attended Insolvency Working Group V's 56th session…
Small businesses and their financial difficulties – the Ombudsman’s inquiry
A discussion paper[1] issued on 20 December from the Insolvency Practices Inquiry of the Australian Small Business and Family Enterprise Ombudsman examines the financial difficulties…
Halifax – a cross-border insolvency
A joint hearing of Australian and New Zealand courts is one way to deal with an intermingled cross-Tasman insolvency, through a letter of request process,…
Anti-competitive conduct in the insolvency industry?
A new code of conduct for insolvency practitioners in Australia now proscribes illegal anti-competitive conduct, unusual for an industry code but no doubt included for…
Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports
The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter is next in the Federal…
Cross-border insolvency – the Canberra session
I was pleased to have been involved with others in giving a presentation on UN Day 24 October 2019 to commemorate 25 years of cross-border…
The evolution of bankruptcy and insolvency laws and the case of the deed of company arrangement
This is a thoughtful and instructive article on the process of the historical development of the bankruptcy and insolvency laws in the United Kingdom, the…
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 bad news - the good…