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Personal insolvency law and policy under the new Labor government in Australia
With the Attorney-General Mr Mark Dreyfus QC in the process of picking up police and other responsibilities from the disbanded ...
UK insolvency review – “better outcomes from insolvency and increased returns to creditors”?
The first and rather glowing report on the operation of the Insolvency (England and Wales) Rules 2016 has been issued ...
Bankruptcy law – no need for prior consent to service by email
Bankruptcy law has been changed to allow service by email without asking the person in advance whether they consent to ...
Insolvency returns to creditors and other fictions – reissued March 2022
Insolvencies average dividend returns to unsecured creditors of under 5 cents in the dollar, in some cases, under 1 cent. ...
ASIC’s power to wind up abandoned companies – a drop in the ocean?
ASIC has revised its guidance on the exercise of its powers to order the winding up of an abandoned company, ...
Government’s law reform of schemes of arrangement a “complete waste of resources when the core problem brewing is in the SME market”
Some may agree or not with the “blunt” submission of an Australian liquidator and trustee on the government’s review of ...
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, ...
Company owners and sole traders
In the government’s proposed 5 year review of the Insolvency Law Reform Act 2016 changes, one particular issue needing attention ...
Australia’s latest MSE and personal insolvency law reform – this is supposed to be a “long-term approach”?
The Australian government seems to be putting the final touches to reforms of its insolvency law regime that commenced with ...
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set ...
Proof of service of a bankruptcy notice – why it is, or why is it, so important?
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set ...
UK’s proposed single insolvency regulator – beware Australian comparisons [revised]
After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation ...
Do our insolvency laws suit small business failures?
In shopping for a suit recently, I noticed that the Big Store displayed its suits according to brand, which apparently ...
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 ...
Rethinking insolvency law – a follow up
We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency ...
Electronic delivery of documents in bankruptcy and liquidation – continued
In my earlier comments trying to work out why we now have unharmonized drafting approaches and rules for electronic service ...
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 ...
Australian personal insolvency and small business reform in the wake of Covid
An overseas publisher has asked me to give an update on the latest in small business bankruptcy law in Australia, ...
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, ...
ASIC’s corporate plan, and the 27 August hearing before the PJC
With ASIC having appeared before the Parliamentary Joint Committee on Corporations and Financial Services on 27 August 2021, ASIC’s Corporate ...
Trustee “entirely blameless” in his dealings with a mentally infirm bankrupt
While there is now greater training available in dealing with those suffering mental illness for professionals working in debt counselling ...
Electronic delivery of documents in insolvency law
Some belated concern has been raised about the potential for new corporate insolvency law allowing a winding up demand to ...
Licensing of insolvency practitioners – decision making principles from New Zealand [updated post 13 June 2021]
Mr Damien Grant, the New Zealand insolvency practitioner who successfully challenged RITANZ’s decision to deny him the right to practice ...
Service of insolvency documents by email
With law well into the process of change to accommodate electronic communications and dealings, following COVID-19 in particular, we should ...
