Search results

Principles of Regulation of Insolvency Practitioners – an international standard

This comment was issued in October 2018; it is re-issued in May 2023, but not updated, for interest. The rather

World Bank’s B-Ready Report on country business systems, including on the efficiency of corporate insolvency systems

This explains the World Bank’s new Business Ready initiative, which will report on the business systems of up to 180

Attorney-General’s Roundtable on Personal Insolvency

A summary of priority issues discussed at the Attorney-General’s personal insolvency law reform roundtable held on 2 March 2023 has

Peak indebtedness and preferences – an Australian authority now “offering a considered analysis of the rule”

The High Court of Australia has found that the peak indebtedness rule has no place in Australian law in the

How low can we go – funding the insolvencies of assetless estates

Obvious as it is to say, insolvency involves limited or no money, and how to fund its existence as a

The latest Insolvency Law Bulletin – remuneration, trading trusts, financial product collapses, gender, and more

In the latest issue of the Insolvency Law Bulletin, we have an article on a simpler solution to insolvent trading

TIP – The Insolvency Portal

My 2022 versions of the Bankruptcy Act and the Corporations Act retain much of the process and procedure found in

Receiver’s demand for documents made on a bankrupt director

The New Zealand Court of Appeal has found that a director, despite being bankrupt, must hand over documents of the

The Parliamentary Joint Committee and “small business insolvency”

The terms of reference of the current PJC inquiry into corporate insolvency refer at times to small business but given

Initial industry views on the parliamentary joint committee on corporate insolvency

While submissions to the parliamentary joint committee on corporate insolvency are not due until 30 November 2022, some indication of

Ownership is sometimes but not always as it seems – presumptions for, presumptions against, and evidence

A ‘wife’ has succeeded before the High Court in preventing the ATO claiming what it argued was her husband’s interest

International insolvency regulators’ conference – some current comparative issues

The International Association of Insolvency Regulators’ Annual Conference was held in England from 26-29 September 2022.  Australia’s reported contribution to

Reprimand and more for a liquidator – that’s about as much as we know

By a media release ASIC has reported that a disciplinary committee has decided to reprimand a liquidator, Nicholas Crouch, under

Insolvency practitioner [over]-regulation in Australia – an update

While the UK is reviewing its insolvency practitioner (IP) co-regulation system, Australia’s direct regulation, with minimal but expansive co-regulation, might

Insolvency practitioner regulation – an Australian story

With the UK government rethinking the regulation of its insolvency practitioners (IPs), moving away from co-regulation to a system more

International insolvency – impact of the Model Law, and more – UNCCA seminar on 27 May 2022

In a recent article on Australian insolvency law reform,[1] Justice Sarah Derrington, as chair of the Australian Law Reform Commission,

Diversity and inclusion in insolvency

Diversity in the qualifications, experience, knowledge and abilities of those in the insolvency industry is the subject of this article,

Liquidators’ examinations – a sea apart; legislative drafting – “a huge amount of material to wade through before they take a single step”

The decision of the High Court of Australia in Walton v Arrium [by majority (3-2)] adopting a broad interpretation of

An insolvency law reform inquiry? first things first….

The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian

Insolvency Law Bulletin – October 2021 – Halifax, Arrium, MSME insolvency, letters of comfort, and (discretionary) trusts

The latest Insolvency Law Bulletin is out with a range of articles covering current and on-going issues in insolvency law

UK insolvency practitioners – “evidence of intimidation, deception, dishonesty and even misappropriation of assets”?

A very critical report on the insolvency profession in the UK – Resolving-Insolvency-APPG-on-Fair-Business-Banking-and-Humphries-Kerstetter.pdf (appgbanking.org.uk)  has come from the All Party

Australia’s review of its insolvency safe harbour – more than a few issues to consider, but in the end, about not much

The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released,

The high cost of ASIC’s regulation of liquidators, in a deregulatory environment

The proposed annual ASIC ‘industry levies’ imposed on liquidators in Australia, to fund the cost of their regulation, prompts this

Assigning bankruptcy claims to a former trustee

A 5 day bankruptcy hearing was cancelled in March 2021, in relation to matters occurring in 2012, being challenged in