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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 ...
Insolvency law reforms – no further delay …
In 2002, an eminent insolvency judge noted a drafting error in Ch 5 of the Corporation Act and recommended in ...
Liquidators’ remuneration – aren’t you all missing the point?
A proper funding model for the insolvency profession is needed, partly to end the interminable debate about the cost of ...
