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News
The latest news, updates and member resources.
2024 ARITA Qld Division AGM and Chair Report
(
27/03/2024
)
2024 ARITA NSW ACT Division AGM and Chair Report
(
27/03/2024
)
Case: Termination of a DOCA for abuse of Pt 5.3A
(
26/03/2024
)
2024 ARITA WA Division AGM and Chair Report
(
26/03/2024
)
2024 ARITA Vic Tas Division AGM and Chair Report
(
26/03/2024
)
ARITA Journal vol 36 01: The decade-long effort to complete an iconic landmark
(
25/03/2024
)
Practice Alert: Updated Guidance on Small Business Restructuring
(
25/03/2024
)
Practice Alert: Personal insolvency indexed amounts update (20 Mar 2024)
(
22/03/2024
)
Case: Bankrupt sentenced to imprisonment for disposing of assets
(
18/03/2024
)
Celebrating International Women's Day 2024
(
7/03/2024
)
Case: Court dismisses an attempt to reopen Arrium administration following final distributions
(
5/03/2024
)
ARITA's recommendations for 'near term' insolvency law reform actions
(
4/03/2024
)
Practice Alert: proposed Safe Harbour changes
(
27/02/2024
)
Case: Arrest warrants following failure to attend public examinations
(
26/02/2024
)
Case: Is it just? Is it equitable? Appointment of provisional liquidators
(
19/02/2024
)
ARITA welcomes new Platinum National Partner: Frontline Accounting
(
9/02/2024
)
Termination of ARITA Membership - Mr Paul Leroy
(
6/02/2024
)
Case: Unreasonable director-related transaction – how far is s 588FDA’s reach?
(
5/02/2024
)
Practice Alert: Personal insolvency indexed amounts update (Dec 2023)
(
2/02/2024
)
Bruce Carter AO recognised in Australia Day Honours list
(
31/01/2024
)
Submission: Pre-budget submission 2024-25
(
23/01/2024
)
Case: Definition of insolvency event
(
22/01/2024
)
Submission: Government response to PPSA Whittaker review
(
22/01/2024
)
Case: Recovery of superannuation contributions as transactions to defeat creditors
(
17/01/2024
)
December 2023 Quarterly Round-up now available
(
17/01/2024
)
Practice Alert: Changes to SOA and AFSA processes
(
10/01/2024
)
ARITA notes criminal charges against former member Peter Amos
(
20/12/2023
)
Case: Update to FEG appeals on s 561 issues
(
12/12/2023
)
Case: Court clarifies when leave will be granted to commence proceedings against a company
(
11/12/2023
)
Practice Alert: Small business redundancy exemption loophole closed
(
8/12/2023
)
John Melluish awarded Life Membership of ARITA
(
5/12/2023
)
ARITA Journal vol 35 #4: The impact of directors’ duties on IPs
(
5/12/2023
)
Case: Court confirms proper procedure to commence insolvent trading proceedings
(
5/12/2023
)
Case: Costs orders against trustee in bankruptcy
(
27/11/2023
)
Case: Dishonesty offences and automatic disqualification
(
27/11/2023
)
Case: Avoiding insolvency - Judicial advice to a superannuation trustee
(
21/11/2023
)
Practice Alert: Validation of the date a statement of affairs is ‘filed’
(
16/11/2023
)
Practice Alert: AIA unfrozen & Corporations Act definitional changes
(
9/11/2023
)
Case: Claiming penalty privilege in response to a s 596B summons to produce documents
(
30/10/2023
)
Practice Alert – s 600G repealed & other procedural amendments
(
30/10/2023
)
Practice Alert: Court releases guidance on schemes
(
30/10/2023
)
Submission: ASIC Insolvent trading RG 217
(
30/10/2023
)
Practice alert: Appointee obligations where a defect in their appointment is alleged
(
26/10/2023
)
Practice Alert: Personal insolvency indexed amounts update (Sept 2023)
(
26/10/2023
)
Case: The Federal Court confirms that an EFT transaction constitutes a “payment of money”
(
24/10/2023
)
Submission: Small Business Redundancy
(
20/10/2023
)
ARITA awards Life Membership to Alan Scott
(
17/10/2023
)
Case: Meaning of ‘property of bankrupt’ and ‘property divisible amongst creditors of the bankrupt'
(
16/10/2023
)
Case: Do consensual payments into Court give rise to a registrable security interest?
(
25/09/2023
)
Practice Alert: Personal insolvency indexed amounts update (20 Sept 2023)
(
21/09/2023
)
ARITA Journal vol 35 #3: Bringing a national icon back to life
(
18/09/2023
)
Case: The perils of filing an application to set aside a bankruptcy notice on the last day
(
18/09/2023
)
Case: Relief from liability granted to power station administrators for costs of rebuild
(
12/09/2023
)
Submission: Structural Challenges in the Consultancy Industry
(
7/09/2023
)
Updating preferences in new email system
(
5/09/2023
)
Case: Federal Court provides much needed guidance on ability to prove of arbitral awards under DOCA
(
5/09/2023
)
Submission: Personal Insolvency Consultation
(
4/09/2023
)
Case: a winding-up application is not the time to run arguments against the statutory demand
(
28/08/2023
)
Migration to new email system
(
25/08/2023
)
Case: Terminating DOCAs for misleading information in and omissions from creditor reports
(
21/08/2023
)
Case: Variation of Small Business Restructuring Plan approved by the Court
(
17/08/2023
)
Practice Alert: FEG views on the application of the BCA case
(
16/08/2023
)
Practice alert: Vic employers must now destroy Covid-19 vaccination information
(
15/08/2023
)
Case: When can you terminate a deed of company arrangement?
(
14/08/2023
)
Case: DOCAs cannot be used to abuse the objectives of Pt 5.3A of the Corporations Act
(
14/08/2023
)
Submission: Corporations Act unfreezing the Acts Interpretation Act & definitional changes
(
14/08/2023
)
Submission update: ASIC IFM review
(
14/08/2023
)
Case: Guidance on marshalling where creditors hold securities of different priority
(
9/08/2023
)
Case: Taking care of business – asset sales prior to the first meeting of creditors
(
9/08/2023
)
ARITA inducts four new Life Members
(
3/08/2023
)
Practice alert: Applying for early destruction of books
(
1/08/2023
)
Practice Alert: Personal insolvency indexed amounts update (26 Jul 2023)
(
27/07/2023
)
Case: Relief under ss 139D(2) and 139E(2) of the Bankruptcy Act
(
25/07/2023
)
Case: Court finds that AAT cannot set aside IG’s decision not to review income assessment
(
24/07/2023
)
Case: Use of s 81 examination transcripts in proceedings claiming a dishonest and fraudulent design
(
19/07/2023
)
Case: Court clarifies that relief not required for PPSA interests granted after appointment
(
18/07/2023
)
Submission update: PJC inquiry into Corporate Insolvency in Australia - Report findings
(
14/07/2023
)
Termination of ARITA Membership - Mr Richard Auricht
(
12/07/2023
)
Media release: Inquiry into Corporate Insolvency report opens door for major improvements
(
12/07/2023
)
Practice Alert: Please complete the AFSA Internal Audit Survey for Registered Trustees
(
12/07/2023
)
Case: Court clarifies the circumstances in which R&D tax refunds are not circulating assets
(
10/07/2023
)
Case: Use of a holding DOCA to avoid liquidation provision of SOP Act is not an improper purpose
(
5/07/2023
)
Practice Alert: Indexed remuneration amounts updated (corporate)
(
4/07/2023
)
Practice Alert: Personal insolvency indexed amounts update (March 2023)
(
4/07/2023
)
Practice Alert: Release of draft CRIS for ASIC IFM for 2022/23
(
29/06/2023
)
Four Corners investigation shows need for regulators to prosecute dodgy liquidators
(
28/06/2023
)
Practice Alert: Guidelines relating to the treatment of CGT in bankruptcy
(
27/06/2023
)
Case: Step-in rights and power of attorney are s 12 security interests under the PPSA
(
22/06/2023
)
ARITA Journal vol 35 #02: Lessons on the transport sector in Australia
(
14/06/2023
)
Case: Determining insolvency based on future debts and a company officer’s personal liability
(
14/06/2023
)
ARITA announces new 2023–2024 Board
(
13/06/2023
)
New market trends report released
(
31/05/2023
)
Revised reporting date for Parliamentary Joint Committee inquiry into corporate insolvency
(
30/05/2023
)
ARITA Young Professionals Committees EOI
(
1/05/2023
)
Practice Alert: Personal insolvency indexed amounts update (26 Apr 2023)
(
27/04/2023
)
Case: CA s 561 has no application if secured debt fully paid out of non-circulating assets
(
24/04/2023
)
Case: Court grants 12-month extension of convening period to facilitate trading
(
3/04/2023
)
Practice alert: Qld – Building Security of Payment Act
(
29/03/2023
)
ARITA makes key contribution to national personal insolvency roundtable
(
27/03/2023
)
Practice Alert: Personal insolvency indexed amounts update (20 March 2023)
(
27/03/2023
)
ARITA Journal vol 35 01: The question of independence
(
22/03/2023
)
Simplified insolvency process for SMEs a top priority: Podcast
(
14/03/2023
)
Practice Alert Update: Bravure notifications to Registered Trustees
(
14/03/2023
)
Video: Celebrating women in insolvency: IWD 2023
(
9/03/2023
)
Case: High Court affirms that a voidable transaction cannot be set-off against pre-liquidation debt
(
6/03/2023
)
ARITA's further submission to PJC insolvency inquiry now available
(
6/03/2023
)
Case: The High Court rules a line through the 'peak indebtedness rule'
(
28/02/2023
)
ARITA makes additional submission to parliamentary inquiry into corporate insolvency
(
14/02/2023
)
Practice Alert: ATO review of draft SBR proposals
(
9/02/2023
)
ARITA welcomes AG's bankruptcy roundtable announcement
(
3/02/2023
)
Case: Paying remuneration and costs from trust assets: guidance for liquidators
(
31/01/2023
)
ARITA welcomes new legal director
(
17/01/2023
)
ARITA addresses Parliamentary Joint Committee hearing on corporate insolvency reform
(
12/01/2023
)
Practice alert: Litigation funding - ASIC relief update
(
10/01/2023
)
Case: Adjudicating proofs of debt in assetless liquidations and cost implications
(
12/12/2022
)
ARITA makes submission to parliamentary inquiry into corporate insolvency in Australia
(
7/12/2022
)
ARITA Journal Vol 34 #04: Making the right strategic choices
(
5/12/2022
)
Case: To injunct, or not to injunct? That is the question ...
(
1/12/2022
)
Case: Remuneration Determinations - Liquidators' Success Fee
(
28/11/2022
)
Submissions update: Modernising Business Communications and Other Measures
(
24/11/2022
)
Practice Alert: Corporate Collective Investment Vehicles
(
18/11/2022
)
Vale David Blackwell, OAM
(
15/11/2022
)
Practice Alert: Personal insolvency indexed amounts update (September 2022)
(
3/11/2022
)
Submission: ASIC IFM Review
(
27/10/2022
)
Practice Alert: ABRS testing - company searches
(
25/10/2022
)
Practice Alert: ASIC releases CRIS for 2021-22
(
21/10/2022
)
Case: Practical guidance for receivers when exercising their power of sale
(
21/10/2022
)
ALRC seeking survey participants
(
17/10/2022
)
Case: Is a bankrupt released from a judgement debt where the original debt was incurred by fraud?
(
12/10/2022
)
Submission: Exemptions for litigation funding schemes
(
30/09/2022
)
Practice Alert: ATO releases guidance on CGT in bankruptcy
(
30/09/2022
)
Media Release: Insolvency Profession Welcomes Announcement of Essential Review of Insolvency Laws
(
28/09/2022
)
Practice Alert: Personal insolvency indexed amounts update (20 Sept 2022)
(
26/09/2022
)
Case: Claim under D&O policy defeated where director's company benefited from director's breach
(
26/09/2022
)
Submission: Rationalisation of Ending ASIC Instrument Measures
(
26/09/2022
)
Practice Alert: Amendments to Victorian Environmental Protection Act
(
21/09/2022
)
Practice Alert: ASIC guidance for Queen's memorial public holiday
(
20/09/2022
)
Case: SOPA and insolvency intersect again
(
20/09/2022
)
Practice Alert: AFSA guidance for Queen's memorial public holiday
(
14/09/2022
)
Practice Alert: Legal status of directors who do not hold Director ID
(
13/09/2022
)
Practice alert: Queen's memorial public holiday
(
12/09/2022
)
Case: Reasonable to pursue an unreasonable director-related transaction in a solvent liquidation
(
7/09/2022
)
ARITA Journal Volume 34 #03 // 2022 Digital assets, cryptocurrency, investigations & cybersecurity
(
1/09/2022
)
Practice alert: ATO finalising position on CGT for Trustees
(
29/08/2022
)
Practice Alert: Personal insolvency exemplar behaviour case studies
(
29/08/2022
)
Termination of ARITA Membership - Mr Peter Amos
(
23/08/2022
)
Case: Public examinations - liquidators' right to commercially sensitive information & documents
(
15/08/2022
)
Personal bankruptcy and liquidation of a company guidance document
(
10/08/2022
)
Submissions: Government announces review of ASIC IFM
(
9/08/2022
)
Insolvency numbers return to pre-COVID levels
(
9/08/2022
)
Practice Alert: ROCAP Version 2
(
1/08/2022
)
Practice Alert: Personal insolvency indexed amounts update (June 2022)
(
29/07/2022
)
Submission: ASIC CRIS 2021-22
(
28/07/2022
)
Practice Alert: Director ID requirements for companies in external administration
(
20/07/2022
)
ARITA Journal Volume 34 #02 // 2022 celebrates Paul Cook
(
18/07/2022
)
Case: When an objection is objectionable
(
14/07/2022
)
Practice Alert: Personal insolvency indexed amounts update (March 2022)
(
7/07/2022
)
Practice Alert: WA - New Building Security of Payment Act
(
5/07/2022
)
User testing of companies functions of new ABRS website
(
5/07/2022
)
Case: Objecting to the decision to discharge of Salim Mehajer - Administrative review
(
4/07/2022
)
Termination of ARITA Membership Mr Stephen Hathway
(
27/06/2022
)
Termination of ARITA Membership - Mr Paul Quill
(
27/06/2022
)
Case: Trustee successfully recovers property
(
27/06/2022
)
AFSA reports progress on promoting diversity in the insolvency profession
(
20/06/2022
)
Practice Alert: CGT in bankrupt estates update
(
20/06/2022
)
ARITA Life Member Robyn Erskine recognised with AM in the Queen's Birthday Honour List
(
14/06/2022
)
ARITA / AFSA / ASIC Liaison Meeting 29 March 2022
(
14/06/2022
)
2022 ARITA Member Survey Prize Draw Winner
(
7/06/2022
)
Practice Alert: Release of draft CRIS for ASIC IFM for 2021/22
(
6/06/2022
)
Case: Court defends Administrators' remuneration 'you can't have your cake and eat it too'
(
3/06/2022
)
Case: A 'blatant example of phoenixing' - anti-phoenixing laws to the rescue
(
24/05/2022
)
Case: Refresher on the pre-conditions for leave under section 459S
(
23/05/2022
)
Case: NSWSC clarifies priority of claims over R&D tax refunds between employees and secured creditor
(
17/05/2022
)
Submission: APRA Strengthening crisis preparedness
(
9/05/2022
)
News: Suspension of Membership of Paul Quill
(
21/04/2022
)
Case: Judicial advice sought re character, enforceability & priority of entitlements to trust assets
(
19/04/2022
)
Practice Alert: Amendments to Bankruptcy Regulations & Rules
(
8/04/2022
)
Case: Liquidators seek to appoint themselves as administrators
(
7/04/2022
)
News 2022-23 Federal Budget the good the bad the ugly insolvency announcements
(
31/03/2022
)
ARITA Journal: The changing face of law reform in Australia
(
29/03/2022
)
Submission: Review of the Insolvent Trading Safe Harbour: Report & Government Response
(
24/03/2022
)
Practice Alert: Update on CGT in bankrupt estates
(
23/03/2022
)
Practice Alert: Personal insolvency indexed amounts update (December 2021)
(
22/03/2022
)
Practice Alert: Personal insolvency indexed amounts update (20 March 2022)
(
22/03/2022
)
Case: When is defeating creditors the 'main purpose' of a transfer of property?
(
4/03/2022
)
Practice Alert: External administration of Corporate Collective Investment Vehicle
(
1/03/2022
)
Case: Liquidator's disclaimer of contaminated land set aside - Victorian Court of Appeal decision
(
28/02/2022
)
News: Complete the FRAA survey on ASIC performance
(
28/02/2022
)
Submission: Bankruptcy system options paper
(
25/02/2022
)
Submission: ALRC's Review of legislative framework for corporations and financial services
(
25/02/2022
)
Case: Use of public examination powers significantly increased by High Court
(
23/02/2022
)
Case: Can cash derived from income ever be 'after-acquired' property?
(
15/02/2022
)
Draft submission: Reforms to the Bankruptcy system, including 1-year bankruptcy FOR MEMBER FEEDBACK
(
14/02/2022
)
Practice Alert: Virtual meeting voting using show of hands & notional place
(
10/02/2022
)
Practice Alert: ASIC guidance on completing Form 574: Application for early destruction of books
(
8/02/2022
)
Practice Alert: AFSA changes to insolvency guidance
(
7/02/2022
)
Submission: 2022-23 Pre-Budget Submission
(
31/01/2022
)
Submission: Extension of AAT power to pause or modify ATO debt recovery
(
31/01/2022
)
Submission: Modernising Registry Fees
(
31/01/2022
)
Submission: Possible reforms to the Bankruptcy system, including one-year bankruptcy
(
28/01/2022
)
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