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The most useful and well researched and argued law reform report for many years – Phoenix Activity: Regulating Fraudulent Use of the Corporate Form

The most useful and well researched and argued law reform report for many years has been issued on what to ...

Beneficial ownership of companies – consultation

The government has released a consultation paper on improving the transparency of information on the beneficial ownership and control of ...

The Law in the Insolvency “Law” Reform Act 2016

The law has not been given much attention in the recent CLE and professional offerings on the new insolvency laws, with their ...

Insolvency reforms – what to expect in the first few weeks

This explains what insolvency practitioners, and lawyers, may immediately confront in the first weeks or so of the new law, ...

Discipline process in insolvency — from 1 March 2017 – corporate

[a more detailed coverage] Replaces CALDB A discipline committee convened by ASIC under s 40-45 of the Corporations Schedule replaces ...

The new insolvency laws – what to expect in the first weeks

What will liquidators, trustees and lawyers, and the courts, immediately confront in the first weeks or so of the new law, ...

Assessing the insolvency regulators’ self-assessments – from tea and biscuits to zero tolerance

ASIC has released a report self-assessing itself, according to requirements of the Commonwealth Regulator Performance Framework: Report 511 ASIC self-assessment ...

Chains of responsibility – Queensland’s environmental protection law – part 2

The Queensland government has on 27 January 2017 issued a guideline under its new ‘chain of responsibility’ environmental protection legislation whereby ...

Applying to be a bankruptcy trustee – part 2

The interest in this topic is such that some further issues must be explained, for the benefit of applicants and ...

Insolvency Law Reform Act 2016 – more unpaid work for liquidators?

ARITA has reported that the ILRA 2016 imposes a significantly broader range of reporting obligations on liquidators than indicated in ...

If there is little money in the winding up, the liquidator will have to cut corners he might not otherwise cut

Insolvency practitioners have the choice to take on a liquidation or a bankruptcy and therefore must accept that there will ...

Sakr Nominees – insolvency practitioner remuneration

The recent decision of Justice Black in PrimeSpace Property [2016] NSWSC 1821 (15 December 2016) might be seen by some ...

Applying to become a trustee in bankruptcy – some guidance from the case law

New rules on the application process to become a trustee in bankruptcy have applied from 1 March 2017. Briefly, they ...

Umpteen professional bodies regulating insolvency practitioners – overkill? or a spreading of the risk?

The new regulatory regime of insolvency practitioners under the Insolvency Law Reform Act 2016 provides for co-regulation shared between the regulators – ...

So you don’t want to conduct liquidations or administrations, you just want to do receiverships?

The new insolvency law commencing 1 March 2017 allows a practitioner to be registered solely for the purpose of being ...

Credit reporting of tax debts – one measure among many

From 1 July 2017, the Government has announced that it will allow the Australian Taxation Office (ATO) to disclose to ...

How or why WA forgot the existence of the Tax Acts or decided to proceed blithely in disregard of their existence

The concluding comment from the decision of the High Court in Bell Group N.V. (in liquidation) v Western Australia; W.A. ...

Senate inquiry

On 29 November 2016, the Senate referred the following matters to the Economics References Committee for inquiry and report by ...

What insolvency practitioners and lawyers and regulators need to know before too long …

The new insolvency reforms commence in about 9 weeks, on Wednesday 1 March 2017, under the Insolvency Law Reform Act ...

Review of APES 330 – Insolvency Services

When the Accounting Professional & Ethical Standards Board (APESB) updates APES 330 – Insolvency Services to take account of the new insolvency ...

Prepacks – useful for law and accounting firms going under?

ASIC was recently asked in parliament for its views on “prepacks”, or pre-packaged insolvency administrations, with understandably cautious responses given. ...

Senator Williams and the Finnish model of insolvency

A group of small insolvency practitioners has had raised in parliament its project aiming at a universal and consistent approach to ...

Employees’ super – why trust the employer?

The Economics References Committee is to report by 22 March 2017 on various issues concerning the non-payment of superannuation by ...

An expansion of the Banking Code, or is a change in the law needed?

The story about the conduct of bank officers in the Sydney Insolvency News prompts my suggestion for a widening of ...