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Questions of advantage and efficiency in assessing insolvency practitioner independence
In a further indication of the changing views of the judiciary in relation to the need for the independence of ...
Review of insolvency practitioner regulation
A review of aspects of the disciplinary process for insolvency practitioners that was introduced by the Insolvency Law Reform Act ...
The tax stories – history regurgitates
Australia’s new 2017 insolvency laws – described by one respected academic as the worst insolvency reforms he has seen in ...
Access by victims of crime to the perpetrator’s superannuation
Just as moneys in a bankrupt’s superannuation fund can in certain cases be used to pay their creditors, under the ...
Beautifully written analysis of a single word in the English language
Beautifully written judicial analysis of language from Justice Jonathan Beach in ASIC v Westpac (No 2) [2018] FCA 751 [references ...
Ponzi investigations and their cost
Free liquidator investigations into failed Ponzi schemes are raised as an idea in a New Zealand government discussion paper on ...
by how much could we reduce white collar crime by imposing 30 year jail sentences? “Zero”.
The Honest Politician’s Guide to Crime Control never went into to a second edition, and it may by now be ...
Insolvency law update – May 2018
This is one of my regular updates on where things are at in the insolvency law and practice world in ...
Cross-border regulation of insolvency practitioners
The Insolvency Law Reform Act 2016 introduced a stronger regulatory regime over insolvency practitioners. It may not have been noticed ...
A contradictor in Mossgreen for the appeal hearing on 17 April
M: … An argument is a connected series of statements intended to establish a proposition. … Contradiction is just the ...
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 ...
Imprisoning bankrupts
AFSA as the bankruptcy regulator has reported[1] on ‘tougher’ prosecution Instructions [2] issued by the Commonwealth Director of Public Prosecutions ...
NOCLAR and insolvency practitioners
The NOCLAR obligations of accountants have now been highlighted in the context of the insolvency industry by way of a ...
Liquidators’ knowledge of bankruptcy law?
Do aspiring liquidators working in corporate insolvency practitioners really have an issue with the need to have some ‘exposure’ to ...
Registers of insolvency practitioners – and the alternative register
Under the changes introduced by the Insolvency Law Reform Act 2016, public registers of liquidators and trustees are established, on ...
A one year bankruptcy or a 5 year debt agreement – Senate recommendations
The reports of the Senate Legal and Constitutional Affairs Committee on the one-year bankruptcy (BAEI Bill) and the debt agreement ...
UK consultation on insolvency recovery and governance reforms
The UK government is consulting on law reform with a view to, in its words, “to improve the UK’s corporate ...
Mining company rehabilitation costs as contingent liabilities – Senate hearing
The question of how to account for outstanding rehabilitation costs of mining ventures was again before the Senate Environment and ...
Traill’s 17th Annual Practical Insolvency Conference – a preview
Courts and governments and industry bodies are no doubt trying to have their remaining pending decisions and announcements out in ...
Offence reporting in insolvency
In reporting breaches of the law to ASIC, and triggering action by ASIC, liquidators are not required to express any ...
Some casual Friday comments on recent insolvency developments
This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes ...
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 ...
What’s up, or on, in insolvency, early in 2018?
The following commentary on submissions due, events and conferences, professional standards, international and local, hearings and case law*, all in ...
Macks v Viscariello – appeal outcome
The appeal decision in the contentious matter of Macks v Viscariello has now been delivered. It needs to be read ...
