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ASIC’s regulation of unlawful phoenix activity – report 513

ASIC’s latest enforcement report – REP 513 ASIC enforcement outcomes: July to December 2016 – says up front that it ...

ASIC’s industry funding model – draft laws

Drafts of ASIC’s Supervisory Cost Recovery Levy Bill 2017 and related Bills have been released for comment, by 10 March ...

ASIC’s data – the sale is off; now for some decisions….

The government has announced that it is not proceeding with the private sector bids to upgrade and operate ASIC’s registry functions. ...

Beneficial ownership of companies, and access to ASIC data

The government has invited us to “have our say” on what it says is “Australia’s first Open Government National Action ...

ASIC before the Senate – no more scalps, goodness will prevail; complaints in the “thousands”; and the ASIC database

Senate questioning of ASIC does provide some useful information at times. In the inquiry into ASIC’s 2015 annual report by ...

ASIC’s database, the Productivity Commission and Phoenix misconduct

Three stars have aligned this August – the Productivity Commission’s inquiry into data usage, the government’s pending decision on how ...

Insolvency and competition law – two disciplines moving as parallel universes, without coordination

“Ultimately, it seems that the two disciplines move as parallel universes, without any coordination …”. Only “by linking the attempt ...

Trustee’s hearing further adjourned to 21 February 2025

As AFSA announced, on 2 February 2024, the registration as a trustee of Mr Paul Leroy was cancelled from 5 February 2024 ...

Are pecuniary penalties actually paid?

One enforcement tool of regulators is to obtain a court ordered civil penalty against the respondent company or individual.  That ...

AFSA’s annual report on personal insolvency?

The AFSA 2023–24 Annual Report has been released, reporting on the information required under particular public sector legislation.  Unlike ASIC, ...

Insolvency practitioner remuneration – continued ….

A report in a daily newspaper[1] has commented on the large fees earner by liquidators and administrators in attending to ...

What is the future of insolvency practice?

In my reply to an interesting comment from a practitioner about the fundamental difficulties of lack of funding for insolvency ...

The need for a new process for the appointment of insolvency practitioners?

A Judge has expressed concern about the processes for the appointment of insolvency practitioners, suggesting adverse relationships with their lawyers, ...

Insolvency trends – should they be higher?

Recent figures show trends in insolvencies in Australia – nothing too significant at a macro level though distressing at a ...

Gender balance in the insolvency industry

With women comprising only around 10% of insolvency practitioners, the issue of gender balance continues to receive attention, among broader ...

Reviewing liquidators – under review?

ASIC has announced that it has appointed 15 new members to its Reviewing Liquidator Panel, following the expiry of the ...

Coercive control and insolvency

ASIC has asked registered liquidators to “stay alert” for signs of family and domestic violence when conducting insolvency administrations.[1]  ASIC ...

Fees of insolvency practitioners and lawyers

The commentary following was issued on 15 August 2021.  It is reissued for historic interest only, perhaps, on the assumption ...

Insolvency numbers in decline

Numbers of insolvencies of individuals and companies have fallen dramatically over the years, which we may find represents a fundamental ...

Some proposed personal insolvency reforms in Australia

With the federal government yet to respond to the PJC Report on corporate insolvency of July 2023, which recommended a ...

The 2023 Parliamentary Joint Committee Report and insolvency law reform?

While the federal government is yet to give its response to the PJC Report on Corporate Insolvency of July 2023, ...

Insolvency practitioners and missing moneys – on-line regulation required

The sentencing hearing in relation to former liquidator Mr Peter Amos was mentioned on 17 June 2024 and was then ...

Insolvency law terms – what do they mean?

While insolvency law uses many and varied terms to describe its various processes for dealing with an insolvent business, no ...

Insolvency law’s elephants in the room

Professor Jason Harris and I will be presenting a session at INSOL Academics Colloquium in San Diego USA on 22 ...