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Some cross-border insolvency items from Australia and England
Two cross-border insolvency papers from Australian Judges; a scheme judgment from the UK, with the Judge criticising the parties, saying
ASIC’s new insolvency ‘ROCAP’ – the Report On Company Activities and Property
The long history of the report as to affairs in corporate insolvency – the RATA – which started about 1890,
Australia’s insolvency regime (in administration) – ideas for its restructure
In my preparation for a panel discussion at the major AIIP Insolvency Conference in Canberra on the future of insolvency,
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
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
The reform of the intersection of trust and insolvency law – Killarnee
Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in
Are accountants professionally restricted in advising directors on safe harbour?
A pending new publication on corporate restructuring contains these comments about Code obligations of insolvency accountants advising financially distressed and
ASIC and the PJC – hellholes, law enforcement, identity, funding, and more
Here are some selected snippets from the transcript of the PJC hearing oversighting ASIC, of 27 October 2017, the last
Guerilla tactics needed against phoenix misconduct
While the government is considering the various submissions on phoenix reforms, these quick thoughts came to mind, involving both government
Very leviable liquidators
In anticipating the funding bases for the government meeting ASIC’s costs of regulating insolvency practitioners (IPs), I wrote that there “should
Law – a noble pursuit or a profit centre? The Australian Academy of Law’s second ethics debate
A lively debate between senior lawyers from the bar, the big firms, the regulator, and community legal centres was held
Funding personal and corporate insolvency regulation
ASIC and AFSA ASIC The funding of ASIC under the draft ASIC Supervisory Cost Recovery Levy Regulations 2017 by way of
Lifting the fear and suppressing the greed – a Senate committee report on penalties for white collar crime
A long awaited Senate committee report on penalties for white collar crime was issued on 23 March 2017 under the
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
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
UNCITRAL’s 50 Years – Cross-border insolvency of corporate groups; recognition of insolvency judgments – UNCCA
A conference in celebration of the 50th anniversary of UNCITRAL was held in Brisbane on 2 December 2016. Among other
India’s new insolvency professionals regime
A major new insolvency regime commenced in India in May 2016. It introduces co-regulation of insolvency practitioners – IPs – through direct regulation by their
Misprision revived – accountants’ new legal obligations – APESB
Accountants are taking on an obligation to refer breaches of the law to the authorities, under changes to their international code
