The latest news, updates and member resources.
 ARITA Journal: Take your career to the next level
 Case: The scope of limiting document production orders pursuant to a public examination
 Case: Court looks at series of transactions which as a whole aim to defeat creditors in a bankruptcy
 Practice Alert: ASIC releases CRIS for 2020/21
 Case: Examining purpose & motivation – eligible applicants & public examinations
 ARITA / AFSA / ASIC Liaison Meeting – 20 October 2021
 Practice Alert: Personal insolvency indexed amounts update (September 2021)
 Submission update: Further consequential amendments to small business insolvency reforms
 Submission: Insolvent trusts Town Hall discussion paper
 Case: Court validation of a voluntary administrator’s appointment
 Practice Alert: Update on CGT in bankrupt estates
 Case: A recap of liquidators’ remuneration principles
 Submission: Clarifying the treatment of trusts under insolvency law
 Practice Alert: Bravure notifications to Registered Liquidators/Trustees
 Practice Alert: Financial reporting and AGM relief - update to RG 174
 Practice Alert: Update to Status of State Supreme Courts Corporations Rules
 Case: The use of s 447A of the Corporations Act to facilitate a share transfer
 Submission: Review of Safe Harbour
 Case: Staying or adjourning a winding up application during a receivership
 Case: Appointing a special purpose liquidator or reviewing liquidator
 Submission: Improving schemes of arrangement to better support business
 ARITA Journal: Risk management in 2021
 Case: Determining insolvency as a preliminary question in parallel proceedings
 Practice Alert: ASIC guidance on IFM levies for companies in external administration
 Case: Litigation funding agreements – principles for court approval
 Case: Liquidator may rely on unreconciled accounts to prove a company is insolvent
 Practice Alert: Holding meetings wholly using virtual technology
 Submission: ARITA submission on Litigation Funding Schemes: Guidance and Relief
 Unfair preferences – continued relevance of the doctrine of ultimate effect
 Vale William 'Bill' Hamilton
 Submission: ASIC CRIS 2020–21
 Submission update: Schemes - ARITA member consultation
 Practice Alert: Meeting & communication relief for companies extended
 Case: Sequestration orders and asking the court to go behind a judgment debt
 Vale Tony Douglas-Brown
 Submission: Improving schemes of arrangement to better support businesses
 Case: Obtaining an extension of time to set aside an examination summons
 Practice Alert: Personal insolvency indexed amounts update (June 2021)
 Practice Alert: Has a request for information been made?
 Case: Statutory demands – informal service and a declaration of nullity as a set aside alternative
 Practice Alert: Release of draft CRIS for ASIC IFM for 2020/21
 Practice Alert: Maximum default amount of remuneration
 Practice Alert: New flowcharts added to ASIC INFO 29
 Case: Bankruptcy Trustees recover real estate held on resulting trust for bankrupt
 Practice Alert: Personal insolvency indexed amounts update (Revised March 2021)
 Submission update: ALRC review of legislative framework background paper
 Case: ‘Examinable affairs’ provides a low threshold in the issue of an examination summons
 Professional Conduct Committee determination
 Practice Alert: Changes to service of documents under the Bankruptcy Act
 Code FAQ: What are other relevant entities covered by the extended definition of 'Firm'? (4th ed)
 Case: The need to plead carefully to set aside a statutory demand
 Case: A contract for sale is not a financial record available for inspection
 Submission update: Consequential amendments to small business insolvency reforms
 Submission: ALRC review of the legislative framework for corporations regulation
 Case: Second Badenoch decision creates even more uncertainty for unfair preference recoveries
 Practice Alert: CGT in bankrupt estates
 Case: FEG redundancy exclusions – termination of SME employees after restructure
 ARITA Journal: 8 things you should know about small business restructuring
 Scott Atkins is new INSOL President
 Case: Holding the assets – Federal Court guidance on asset valuation and distribution
 Case: Can s 139ZQ notices be issued after discharge & to extend limitation periods?
 Case: Look before you launch litigation – a cautionary tale for liquidators
 Practice Alert: Firms offering consumer ‘debt management services’ require credit licence to operate
 ARITA / AFSA / ASIC Liaison Meeting – 21 April 2021
 Practice Alert: Virtual meetings include providing telephone facilities & voting must be via poll
 Practice alert: Corporate statutory demand threshold increased to $4,000 from 1 July 2021
 New 2021–2022 ARITA Board
 Case: Disclaimed property vested absolutely in mortgagees
 Grays become a 2021 Platinum National Partner
 Practice Alert: SGC percentage change from 1 July
 Case: Retrospective approval to sell trust assets is a last resort
 Case: Approval for proposed transactions under ss 477(2A) & 477(2B) of Corporations Act
 Introducing our new Diamond National Partner
 Case: Full Federal Court expands scope for running accounts & overturns peak indebtedness rule
 Submission: Consequential amendments to small business insolvency reforms
 Case: Liquidator of corporate trustee seeks to sell assets subject to trustee’s right of exoneration
 Practice Alert: Personal insolvency indexed amounts update (March 2021)
 Submission: ASIC's performance against Regulator Performance Framework 2019/20
 Case: Distributing dividends when a bankrupt has not filed a statement of affairs
 Submission: Consequential amendments to small business insolvency reforms
 Case: Can assignees of liquidators’ claims use public examination docs in enforcement proceedings?
 Case: When a liquidator is also the bankruptcy trustee of the company’s sole shareholder
 Case: Discretion to extend adjournment period for creditors’ meetings
 Practice Alert: Electronic communications in external administrations
 Directors’ duties in uncertain financial times – Updated guidance
 Credit manager’s guide to the small business insolvency reforms
 Case: Federal Court expands the scope for effecting valid service of a statutory demand
 Case: GST credits on pre-appointment acquisitions
 Termination of Membership - Mr Peter Macks
 Practice alert: Key changes in the Bankruptcy Regulations 2021 (including for liquidations)
 Case: ATO to repay $2m in ‘third party’ preferential payments made while company subject to DOCA
 ARITA Journal: Digital transformation in insolvency & restructuring
 Case: Court grants extension of time for SPLs to bring voidable transaction claims
 Practice alert: Bankruptcy Regulations 2021 finalised
 Case: Another judgment on interaction of SBR & winding up
 NSW/ACT Committee Nominees 2021/2022
 Case: Establishing breach & accessorial liability does not equate to loss or damage
 WA Committee Nominees 2021/2022
 Case: Small business restructuring & winding up - is the right balance being struck?
 Vic/Tas Committee Nominees 2021/2022
 Case: When is a company insolvent?
 Practice Alert: All RLs have positive obligations to report to ASIC regarding Temporary Relief
 Practice Alert: ASIC notifications relating to small business reforms
 Practice Alert: Director resignation changes
 Practice Alert: Changes to pre-pack laws in UK
 SA/NT Committee Nominees 2021/2022
 Submission: Modernising Business Communication
 Submission: Increasing the statutory demand threshold
 Case: Considerations for the appointment of a special purpose liquidator
 Practice Alert: New information sheets & templates for members
 Submission: The bankruptcy system and the impacts of coronavirus
 Submission: Licensing debt management firms
 Case: Conduct of director in an application to wind up on just & equitable grounds
 Code Guidance Note: How does the Code apply to small business restructuring?
 Case: Obtaining summary judgments in insolvent trading claims
 Practice Alert: IFM levy amended for SBR
 New information sheets to support small business insolvency reforms
 Practice Alert: ATO notifications for small business restructuring & simplified liquidations
 2021 ARITA Divisional AGMs & call for nominations
 Case: Court dismisses landlord’s application to wind up tenant
 Practice Alert: Personal insolvency indexed amounts update
 Practice Alert: ASIC response following the service of court applications
 Practice Alert: Small business insolvency reforms FAQs
 Submission: Bankruptcy Regulations 2021
 Submission: AG consultation on personal insolvency reforms
 Law reform training now available as 'learning on demand'
 ARITA Insolvency Law Reform Training and Precedents update
 Practice Alert: Status of ARITA's Small Business insolvency reforms guidance
 Practice Alert: Bankruptcy threshold permanently increased to $10,000 effective 1 January 2021
 Practice alert: Interacting with the ATO
 Case: Restructured companies to vest like the rest
 ARITA / AFSA / ASIC Liaison Meeting – 27 October 2020
 Submission: Feedback on draft Bankruptcy Regulations 2021
 Case: Right to tenant's property on abandonment of lease by liquidator
 Practice Alert: Actual ASIC IFM costs 2019-20
 Case: Court finds utility in the appointment of an insolvency referee
 Practice Alert: New information sheets for creditors
 Code FAQ: Clarification on independence declaration in DIRRI (version 2 template)
 Code: New DIRRI & Remuneration Approval Report templates (4th edition)
 ARITA Journal: How to chart your firm’s course in uncertain times
 Vale Nick Malanos
 Submission: Insolvency reforms to support small business subordinate legislation
 Case: Creditors’ powers of examination
 Case: When does a transfer of shares under s 444GA cause unfair prejudice to shareholders?
 Submission update: Small business insolvency reforms subordinate legislation released
 Submission update: Small business insolvency reforms – Bill tabled
 Case: Dealing with trust assets where the trustee is bankrupt
 Case: Liquidators justified in regarding a secured creditor as subrogated in equity to the priority
 Case: Litigation cannot proceed as a stalking horse for those who stand behind it
 Submission Update: Amendments to regulations on operation of litigation funding preserve insolvency
 Submission: Virtual meetings & electronic document execution
 Practice Alert: ASIC guidance for share transfers using s 444GA
 Case: Court preserves confidentiality of deed of assignment between ATO & liquidator
 Case: Remuneration – proportionality, complexity & evidence of reasonableness considered
 Case: Court refuses to exercise discretion to set aside a DOCA
 Practice Alert: Treasurer extends COVID changes to meeting requirements
 Submission: Insolvency reforms to support small business
 Small business insolvency reforms – Recognising the expertise of Registered Liquidators
 Case: Court clarifies standing for membership of committees of inspection
 Case: Application to remove liquidators refused
 Practice alert: Temporary insolvent trading moratorium enforcement
 Media Release: ARITA welcomes Govt's proposed reforms – but careful review still required
 Practice Alert: Key points on insolvency reforms to support small business
 Termination of ARITA Membership – Mr Steven Naidenov
 Case: Consideration of remuneration based on manner and quality of work
 Case: Virgin - Administrator's power of sale versus creditor democracy
 Case: Voluntary administrator entitled to passwords to access electronic data
 Practice Alert: Financial Products Consultation Paper released by Attorney-General’s Department
 Case: State environment legislation trumps liquidators’ disclaimer (again)
 ARITA Journal: Bankruptcy in focus
 Case: Trustee entitled to remuneration despite sequestration order set aside
 Practice Alert: Insolvency relief extended until new year
 Practice Alert: AFSA Registered Trustee Information Forum 2020
 Practice Alert: Changes to Transport for NSW searches
 UPDATED Stage 4 Restrictions – Guidance for IPs based in Victoria or taking appointments in Victoria
 Submission update: ALRC corporate criminal responsibility final report
 Case: When does a third-party payment constitute an unfair preference?
 Code Consultation: Update to DIRRI and Remuneration Approval Report Templates (4th edition)
 Code FAQ: Clarification of section 3.4 of COPP: Insolvency Services (4th edition)
 Case: Court clarifies where a public examination will constitute an abuse of process
 AFSA & ASIC registration committees – quick reference guide
 Reprimand issued following determination by ASIC Disciplinary Committee
 Practice Alert: PPSR releases new industry-specific COVID-19 resources for small business
 Practice Alert: Sunsetting of the Bankruptcy Regulations 1996
 Stage 4 Restrictions – Guidance for IPs based in Victoria or taking appointments in Victoria
 Practice Alert: Final claim for remuneration on BAS - Accounting on a cash basis
 Submission update: ASBFEO Insolvency Practices Inquiry
 Case: Court considers treatment of rent accrued in standstill period
 Practice Alert: Extension to timing for JobKeeper & JobSeeker
 Practice Alert: Accounting for pre & post appointment JobKeeper payments
 Case: Court releases reasons in Virgin confidentiality application
 Case: Virgin administration update - further orders for modification to personal liability made
 ARITA members COVID-19 issues - second survey (June 2020)
 Practice Alert: Completion of historical ASIC searches
 Submission: ASIC CRIS 2019/2020
 Case: Court declines to order inquiry in dispute between companies in liquidation
 Practice Alert: New and updated PPSR materials with insolvency focus
 Case: Guidance on s 561 and assets within the circulating security interest
 Termination of ARITA membership – Ms Amanda Young
 Attention Qld IPs: Queensland Small Business COVID-19 Adaption Grant Program