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Australia’s response to money laundering and terrorist financing – a Bill for a Bill
10/02/2022
AML/CTF
director identity number
ASIC search fees
FATF
The Australian parliament’s response to a 2016 recommendation to introduce law to counter money laundering and terrorist financing – by
Australia’s latest MSE and personal insolvency law reform – this is supposed to be a “long-term approach”?
02/02/2022
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?
24/01/2022
electronic service
bankruptcy notices
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?
24/01/2022
A woman made bankrupt by a federal court registrar exercising judicial authority of the court has had her bankruptcy set
Deregistered / dissolved companies – let them be?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms,
Deregistered/dissolved companies – let them be?
07/01/2022
phoenix activity
deregistration
dissolution
reinventing Australian insolvency law
The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms,
Insolvent insolvency practitioners?
22/12/2021
COVID-19
An Australian insolvency industry body – ARITA – has suggested that the law should be changed to allow insolvency practitioners
UK’s proposed single insolvency regulator – beware Australian comparisons [revised]
22/12/2021
single insolvency regulator
The Insolvency Portal TIP
After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation
Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?
20/12/2021
Treasury
silos
With the government’s Treasury department busily introducing changes to the law to allow virtual meeting technology (VMT) for corporate liquidations,
Do our insolvency laws suit small business failures?
01/12/2021
ASBFEO
MSME
UNCCA
UNCITRAL
In shopping for a suit recently, I noticed that the Big Store displayed its suits according to brand, which apparently
High level of business bankruptcies in construction and retail
25/11/2021
Statistics
Latest figures show that nearly 60% of personal bankruptcies in the construction industry were involved in a business, with those
An insolvency law reform inquiry? first things first….
25/11/2021
ALRC
Harmer Report
rethinking insolvency law
The prospect of an inquiry into insolvency law was raised in a recent speech by the chair of the Australian
Rethinking insolvency law – a follow up
20/10/2021
rethinking insolvency law
We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency
Sole traders and insolvency
15/10/2021
Attorney-General
bankruptcy
sole traders
PIPA
A report on the financial business health of Australian small business takes the novel approach of looking at sole traders.
High Court confirms principles of judicial independence
06/10/2021
independence
judicial independence
The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in
Corporate Collective Investment Vehicles
27/09/2021
managed investment schemes
CCIV
The government is consulting on a Bill in line with what it says is its commitment “to establishing a commercially viable
UK insolvency practitioners – “evidence of intimidation, deception, dishonesty and even misappropriation of assets”?
14/09/2021
MSME
practitioner regulation
single insolvency regulator
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
06/09/2021
insolvent trading
safe harbour
The terms of reference and what is called a ‘discussion paper’[1] for this review under s 588HA have been released,
Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]
23/08/2021
insolvent trading
safe harbour
The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA,
Fees of insolvency practitioners and lawyers
15/08/2021
professional conduct
legal costs
legal profession
After Jason Harris and I wrote about Justice Michael Lee’s comments on the high charge out rates of insolvency practitioners,
The contributions of bankruptcy trustees to AFSA’s regulation of criminal conduct
03/08/2021
CDPP
criminal law
offences - bankruptcy
Bankruptcy trustees, and liquidators, and creditors in insolvencies, contribute much to the government, in effect for free. In a recent
Insolvency practitioner charge-out rates – the cost of carrying the State
16/07/2021
role of the state
In making a winding up order against Forum Finance,[1] Justice Michael Lee made this comment about the hourly fees of
Employees’ redundancy rights on the insolvency of their employer
15/07/2021
There are now a number of decisions from the Administrative Appeals Tribunal reviewing decisions of the Fair Entitlements Guarantee where
Australian small business insolvency law – a review
05/07/2021
ASBFEO
Attorney-General
MSME
Treasury
Several stars aligning at the end of 2020-2021 prompt this review of where Australia is at in the area of
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