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Australia’s response to money laundering and terrorist financing – a Bill for a Bill

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”?

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 ...

Deregistered / dissolved companies – let them be?

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?

The UK Insolvency Service has been granted new investigative and disqualification powers to regulate directors who ‘dissolve’ (in Australian terms, ...

Insolvent insolvency practitioners?

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]

After some long period of deliberation, the UK government has decided to itself take a direct role in the regulation ...
Silos

Is it relevant outside Canberra whether a law is within or without Treasury’s portfolio?

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?

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

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….

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

We are pleased to see some further responses to our early ideas on reform of the structure of the insolvency ...

Sole traders and insolvency

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

The High Court of Australia has found that social communications between a judge and a lawyer for a litigant in ...

Corporate Collective Investment Vehicles

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”?

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, ...

Review of Australia’s safe harbour protection from insolvent trading – remember s 588HA [updated]

The federal government has finally made arrangements to have Australia’s “safe harbour” from insolvent trading law reviewed – s 588GA, ...

The contributions of bankruptcy trustees to AFSA’s regulation of criminal conduct

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

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

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

Several stars aligning at the end of 2020-2021 prompt this review of where Australia is at in the area of ...

Australian High Court – special leave sought in bankruptcy Ponzi case – 139ZQ

An application for special leave to appeal to the High Court[1] has been made in a bankruptcy matter involving a ...