The latest news, updates and member resources.
 Insolvency numbers return to pre-COVID levels
 Submissions: Government announces review of ASIC IFM
 Personal bankruptcy and liquidation of a company guidance document
 Practice Alert: ROCAP Version 2
 Practice Alert: Personal insolvency indexed amounts update (June 2022)
 Submission: ASIC CRIS 2021-22
 Small Business Restructuring Process and Simplified Liquidation training - updated flowcharts
 Practice Alert: Director ID requirements for companies in external administration
 ARITA Journal Volume 34 #02 // 2022 celebrates Paul Cook
 Case: When an objection is objectionable
 Practice Alert: Personal insolvency indexed amounts update (March 2022)
 User testing of companies functions of new ABRS website
 Practice Alert: WA - New Building Security of Payment Act
 Case: Objecting to the decision to discharge of Salim Mehajer - Administrative review
 Termination of ARITA Membership – Mr Stephen Hathway
 Termination of ARITA Membership – Mr Paul Quill
 Case: Trustee successfully recovers property
 Practice Alert: CGT in bankrupt estates update
 AFSA reports progress on promoting diversity in the insolvency profession
 ARITA Life Member Robyn Erskine recognised with AM in the Queen's Birthday Honour List
 ARITA / AFSA / ASIC Liaison Meeting – 29 March 2022
 2022 ARITA Member Survey Prize Draw Winner
 Practice Alert: Release of draft CRIS for ASIC IFM for 2021/22
 Case: Court defends Administrators’ remuneration ‘you can’t have your cake and eat it too'
 Case: A “blatant example of phoenixing” - anti-phoenixing laws to the rescue
 Case: Refresher on the pre-conditions for leave under section 459S
 Case: NSWSC clarifies priority of claims over R&D tax refunds between employees and secured creditor
 Submission: APRA Strengthening crisis preparedness
 ARITA Young Professionals Committees EOI
 News: Suspension of Membership of Paul Quill
 Practice Alert: Amendments to Bankruptcy Regulations & Rules
 Case: Liquidators seek to appoint themselves as administrators
 News: 2022-23 Federal Budget – the good, the bad & the ugly insolvency announcements
 ARITA Journal: The changing face of law reform in Australia
 Submission: Review of the Insolvent Trading Safe Harbour: Report & Government Response
 Practice Alert: Update on CGT in bankrupt estates
 Practice Alert: Personal insolvency indexed amounts update (20 March 2022)
 Case: When is defeating creditors the 'main purpose' of a transfer of property?
 News: Complete the FRAA survey on ASIC performance
 Practice Alert: External administration of Corporate Collective Investment Vehicle
 Case: Liquidator’s disclaimer of contaminated land set aside – Victorian Court of Appeal decision
 Submission: ALRC’s Review of legislative framework for corporations and financial services
 Submission: Bankruptcy system – options paper
 Case: Use of public examination powers significantly increased by High Court
 Case: Can cash derived from income ever be 'after-acquired' property?
 Draft submission: Reforms to the Bankruptcy system, including 1-year bankruptcy FOR MEMBER FEEDBACK
 Practice Alert: Virtual meeting voting using show of hands & notional place
 Practice Alert: ASIC guidance on completing Form 574: Application for early destruction of books
 Practice Alert: AFSA changes to insolvency guidance
 Submission: Modernising Registry Fees
 Submission: 2022-23 Pre-Budget Submission
 Submission: Extension of AAT power to pause or modify ATO debt recovery
 Submission: Possible reforms to the Bankruptcy system, including one-year bankruptcy
 Practice Alert: Personal insolvency indexed amounts update (December 2021)
 News: FEG Verification Services Panel 2022 - request for tenders
 Submission: Improving the technology neutrality of Treasury portfolio laws repealing s600G
 Practice Alert Update: Bravure notifications to Registered Liquidators/Trustees
 Case: Independence – A shift in the test?
 Submission: Miscellaneous amendments to Treasury portfolio laws 2022
 Practice Alert: Updated to APES 330 Insolvency Services
 Submission update: Clarifying the treatment of trusts under insolvency law
 Practice Alert: Meeting with ATO re CGT in bankruptcy
 Submission update: Consequential amendments to small business insolvency reforms now in effect
 Practice Alert: Guidance for members facing financial distress in their insolvency practices
 Case: Section 444GA(1) – Not just for deed administrators
 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: Settle down – fiduciaries, accessories and settlement against multiple defendants
 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
 Case: The use of s 447A of the Corporations Act to facilitate a share transfer
 Practice Alert: Update to Status of State Supreme Courts Corporations Rules
 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
 Vale William 'Bill' Hamilton
 Unfair preferences – continued relevance of the doctrine of ultimate effect
 Submission: ASIC CRIS 2020–21
 Case: Sequestration orders and asking the court to go behind a judgment debt
 Submission update: Schemes - ARITA member consultation
 Practice Alert: Meeting & communication relief for companies extended
 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
 Case: Disclaimed property vested absolutely in mortgagees
 New 2021–2022 ARITA Board
 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
 Practice Alert: Electronic communications in external administrations
 Case: Discretion to extend adjournment period for creditors’ meetings
 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
 Practice alert: Bankruptcy Regulations 2021 finalised
 Case: Court grants extension of time for SPLs to bring voidable transaction claims
 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: Changes to pre-pack laws in UK
 Practice Alert: Director resignation changes
 Submission: Increasing the statutory demand threshold
 Submission: Modernising Business Communication
 SA/NT Committee Nominees 2021/2022
 Case: Considerations for the appointment of a special purpose liquidator
 Practice Alert: New information sheets & templates for members
 Submission: Licensing debt management firms
 Submission: The bankruptcy system and the impacts of coronavirus
 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
 New information sheets to support small business insolvency reforms
 Practice Alert: IFM levy amended for SBR
 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: Bankruptcy threshold permanently increased to $10,000 effective 1 January 2021
 Practice Alert: Status of ARITA's Small Business insolvency reforms guidance
 Practice alert: Interacting with the ATO
 Case: Restructured companies to vest like the rest
 ARITA / AFSA / ASIC Liaison Meeting – 27 October 2020
 Case: Right to tenant's property on abandonment of lease by liquidator
 Submission: Feedback on draft Bankruptcy Regulations 2021