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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

the Sakr Nominees appeal and well beyond …

Whatever is said in the pending NSW Court of Appeal decision in Sakr Nominees, it is timely to propose that,

Is an ipso facto contract termination “unfair” on a small insolvent business?

New laws have commenced under the ASIC Act and Australian Consumer Law extending unfair contract term protections to small businesses. 

Australia’s draft Insolvency Practice Rules 2016 – some issues

The draft Insolvency Practice Rules raise a few fundamental issues about due process – natural justice, professional body involvement, confidentiality

Joint insolvency regulat(ion)

The bankruptcy regulator, AFSA, has announced a new approach to its regulation of the 200 trustees in bankruptcy in Australia, focusing

Traill Bankruptcy Conference – much better than the corporate alternative

Read the funding proposal for ASIC’s regulation of liquidators and understand why bankruptcy is so much more advanced.  Corporate insolvency practitioners, lawyers

More (and more) government inquiries

Two important Senate inquiries of 2014 and 2015 that lapsed at the election have been reinstated, but still with long

Insolvency Practice Rules 2016 – draft for comment

The Rules in support of the Insolvency Law Reform Act 2016 have been released in draft for comment by 4

Insolvency practitioners’ offence reporting

Although the government is trying to distance any connection between wrongdoing and a company going into liquidation or a person

Liquidators riding a remuneration merry-go-round

The commentaries on how the judges assess, or should assess, the remuneration of liquidators is reaching saturation point, one practitioner likening it

Another life insurance inquiry – respond by 18 November…..

The Parliamentary Joint Committee on Corporations and Financial Services is to report by 30 June 2017 on: the need for

Remuneration of liquidators: Idylic Solutions, Templeton revisited – more of the same?

Judges’ inconsistency of approach in determining the remuneration of corporate insolvency practitioners is continuing. The respective state and federal courts

Consistency in judicial decisions – Marlborough Gold Mines revisited

A rather unsatisfactory situation is developing in the nation’s federal and state superior courts in their exercise of shared jurisdiction

Single touch payroll – disrupting the way things have been done

Single-touch payroll (STP) legislation was introduced into federal parliament on 31 August 2016 through the government’s Budget Savings (Omnibus) Bill

Gaps and weaknesses in our system of financial regulation

The government is yet to respond to weaknesses in our laws that deal with the financial distress or collapse of

Inquiries x 3: small business lending; external dispute resolution; financial ombudsman service

1. Inquiry into small business lending practices The Australian Small Business and Family Enterprise Ombudsman will undertake an inquiry into

New Zealand – the outlier of international insolvency regulation

Australia and other countries will be relieved that New Zealand is again looking at licensing and regulating its insolvency practitioners.

A silver lining in the insolvency law reform delay

The unfortunate delay in the commencement of the substance of the insolvency law reforms for one year, to 1 September

The right to vote out under-performers – liquidators, politicians and ICAC

Insolvency practitioners are to be the subject to the same tenure arrangements as federal politicians, with creditors being able to

Latest Supreme Court Views on Liquidators’ Remuneration

A NSW Supreme Court judge has spoken about “liquidators’ preference for time-based remuneration, and courts’ scepticism of it” at a major

Insolvency reforms further delayed

The Australian government has decided that insolvency practitioners need more time to implement long awaited law reforms aimed at improving practitioners’

Director identity numbers, and their frequent flyer equivalents

Among all the numerous recommendations the government has received about corporate insolvency reform, one has now been made three times

Concerns about liquidator misconduct hearings – no lawyer’s quibble

Concerns about the new processes to review the professional conduct of liquidators, and bankruptcy trustees, are discussed in light of