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Insolvency practitioners as employees
05/03/2024
Registration and discipline processes
employee status
discipline
Updated on 5 March 2024 to refer to a 1996 Explanatory Memorandum in bankruptcy which says that, despite the case law,
Insolvency Practitioner Registration and Disciplinary Committees
29/02/2024
liquidator and trustee registration
liquidator and trustee regulation
I am pleased to have been appointed by the government as a part‑time member to the Ministerial pool for the
Offence referrals by liquidators
07/02/2024
ASIC
offence reporting
PJC Insolvency Inquiry 2022
section 533 reports
Offence referrals to ASIC by liquidators continue to be contentious and perhaps distracted by the issue of claimed automated decision-making
Cancellation of a bankruptcy trustee’s registration and freezing orders obtained
06/02/2024
cancellation
insurance
trustee regulation
The registration of Australian bankruptcy trustee Mr Paul Leroy was cancelled by the Inspector-General in Bankruptcy (IGB) on 2 February
New corporate definitions of director, officer and asset
01/02/2024
ALRC
Corporations Act
director
property
Following the ALRC’s work on Ch 7 of the Corporations Act, attention has already been given to legislative changes tidying
The new Administrative Review Tribunal and law for the relief of insolvent debtors
03/01/2024
AAT
legislative drafting
OPC
ART
On 7 December 2023, the government introduced legislation that would abolish the Administrative Appeals Tribunal (AAT) and establish what it
A winding up vs an administration – s 440A(2)
30/12/2023
winding up
DOCA
derisory dividends
The situation where a creditor applies for a winding up of a company under the Corporations Act, and while that
Insolvency statistics 2023
30/12/2023
Statistics
Each of our insolvency regulators, ASIC for corporate, AFSA for personal, has issued its statistics for 2022-2023 right on the
NOCLAR – accountants’ reporting of offences
04/12/2023
Some while ago, I took an interest in the professional obligation that accountants decided to impose on themselves to respond
NZ insolvency practitioner sanctioned
01/12/2023
co-regulation
NZICA
New Zealand insolvency
A sanction of a New Zealand liquidator for the poor handling of his matters provides an illustration of New Zealand’s
Language please….!
28/11/2023
language
grammar
“Finally on the subject of language, the Commission staff are not to be blamed for the archaic forms of syntax
“Shock horror – insolvent people don’t have many assets”
27/11/2023
assetless
While we wait for the useful annual statistics from AFSA as to dividend returns in bankruptcies in 2022-2023,* an insolvency
Australia has some of the longest lag times between employees being paid and taxes being remitted
21/11/2023
single touch payroll
This is a short historical background to the increasing non- or late payment of tax mainly by small businesses –
Bankruptcy Act restructure – when statements of affairs are accepted
21/11/2023
AFSA advises that the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (Cth), came into force on Thursday 23 November 2023.
Slow pace of litigation and incomprehensible laws
15/11/2023
ASIC
legislative drafting
billing
Former Federal Court judge Steven Rares is reported in the AFR[1] as having made several comments about the justice system
Insolvent trading in context
08/11/2023
insolvent trading
reckless trading
PJC Insolvency Inquiry 2022
Insolvent trading is one of the many items for review recommended by the Parliamentary Joint Committee report on Corporate Insolvency.
The business structures of SMEs
06/11/2023
directors duties
MSME
trusts
pre-insolvency advisers
A recent article in the Australian Business Law Review – Not in isolation: The Rationale for a Combination of Business
Regulation of firms offering insolvency services
17/10/2023
co-regulation
single insolvency regulator
firms
Further to my earlier post on insolvency practitioner (IP) regulation in the UK, and contrary to expectations,[1] the UK government
‘Masculinity contest cultures’, and gender imbalance?
14/10/2023
gender
PJC Insolvency Inquiry 2022
firms
Evidence before the Parliamentary Joint Committee inquiry into Ethics and Professional Accountability [1] (PJC inquiry) may assist in considering the
Some insolvency law reform ideas from Scotland and New Zealand
28/09/2023
New Zealand insolvency
PJC Insolvency Inquiry 2022
Scotland
official receiver
“ … the state is, effectively, paying insolvency practitioners to end the life of small companies … a sub-optimal solution
The cross-border regulation of insolvency practitioners – insights from INSOL Tokyo
26/09/2023
Cross-border insolvency
practitioner regulation
I was invited to present at the INSOL International Academic Colloquium on 12 September 2023 in Tokyo on the panel
Public interest supports time extension for insolvency recovery action
25/09/2023
extensions of time
public interest
PJC Insolvency Inquiry 2022
Litigation claims brought by insolvency practitioners (IPs) are not like the usual commercial claims on behalf of a commercial, or
Cross-border regulation of insolvency practitioners – INSOL Tokyo – where are the government regulators?
17/09/2023
Cross-border insolvency
INSOL Academics
practitioner regulation
This commentary has now been updated. See The cross-border regulation of insolvency practitioners – Murrays Legal ============================================== I was pleased
The government halts its Modernising Business Registers Program after an independent review
28/08/2023
ATO
phoenix activity
ASIC search fees
ASIC register
The federal government has announced it will stop its Modernising Business Registers (MBR) program following independent review findings that the
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