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News
The latest news, updates and member resources.
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
)
ARITA Young Professionals Committees EOI
(
22/04/2022
)
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 (20 March 2022)
(
22/03/2022
)
Case: When is defeating creditors the 'main purpose' of a transfer of property?
(
4/03/2022
)
News: Complete the FRAA survey on ASIC performance
(
2/03/2022
)
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
)
Submission: ALRC’s Review of legislative framework for corporations and financial services
(
25/02/2022
)
Submission: Bankruptcy system – options paper
(
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: Modernising Registry Fees
(
31/01/2022
)
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: Possible reforms to the Bankruptcy system, including one-year bankruptcy
(
28/01/2022
)
Practice Alert: Personal insolvency indexed amounts update (December 2021)
(
22/03/2022
)
News: FEG Verification Services Panel 2022 - request for tenders
(
13/01/2022
)
Submission: Improving the technology neutrality of Treasury portfolio laws repealing s600G
(
29/04/2022
)
Practice Alert Update: Bravure notifications to Registered Liquidators/Trustees
(
11/01/2022
)
Case: Independence – A shift in the test?
(
21/12/2021
)
Submission: Miscellaneous amendments to Treasury portfolio laws 2022
(
16/12/2021
)
Practice Alert: Updated to APES 330 Insolvency Services
(
16/12/2021
)
Practice Alert: Meeting with ATO re CGT in bankruptcy
(
13/12/2021
)
Submission update: Clarifying the treatment of trusts under insolvency law
(
13/12/2021
)
Submission update: Consequential amendments to small business insolvency reforms now in effect
(
8/12/2021
)
Practice Alert: Guidance for members facing financial distress in their insolvency practices
(
2/12/2021
)
Case: Section 444GA(1) – Not just for deed administrators
(
1/12/2021
)
ARITA Journal: Take your career to the next level
(
30/11/2021
)
Case: The scope of limiting document production orders pursuant to a public examination
(
24/11/2021
)
Case: Court looks at series of transactions which as a whole aim to defeat creditors in a bankruptcy
(
17/11/2021
)
Practice Alert: ASIC releases CRIS for 2020/21
(
17/11/2021
)
Case: Examining purpose & motivation – eligible applicants & public examinations
(
10/11/2021
)
ARITA / AFSA / ASIC Liaison Meeting – 20 October 2021
(
9/11/2021
)
Practice Alert: Personal insolvency indexed amounts update (September 2021)
(
9/11/2021
)
Submission update: Further consequential amendments to small business insolvency reforms
(
4/11/2021
)
Submission: Insolvent trusts Town Hall discussion paper
(
3/11/2021
)
Case: Court validation of a voluntary administrator’s appointment
(
1/11/2021
)
Practice Alert: Update on CGT in bankrupt estates
(
29/10/2021
)
Case: Settle down – fiduciaries, accessories and settlement against multiple defendants
(
25/10/2021
)
Case: A recap of liquidators’ remuneration principles
(
18/10/2021
)
Submission: Clarifying the treatment of trusts under insolvency law
(
15/10/2021
)
Practice Alert: Bravure notifications to Registered Liquidators/Trustees
(
12/10/2021
)
Practice Alert: Financial reporting and AGM relief - update to RG 174
(
6/10/2021
)
Practice Alert: Update to Status of State Supreme Courts Corporations Rules
(
6/10/2021
)
Case: The use of s 447A of the Corporations Act to facilitate a share transfer
(
6/10/2021
)
Submission: Review of Safe Harbour
(
5/10/2021
)
Case: Staying or adjourning a winding up application during a receivership
(
29/09/2021
)
Case: Appointing a special purpose liquidator or reviewing liquidator
(
20/09/2021
)
Submission: Improving schemes of arrangement to better support business
(
20/09/2021
)
ARITA Journal: Risk management in 2021
(
17/09/2021
)
Case: Determining insolvency as a preliminary question in parallel proceedings
(
15/09/2021
)
Practice Alert: ASIC guidance on IFM levies for companies in external administration
(
7/09/2021
)
Case: Litigation funding agreements – principles for court approval
(
6/09/2021
)
Case: Liquidator may rely on unreconciled accounts to prove a company is insolvent
(
30/08/2021
)
Practice Alert: Holding meetings wholly using virtual technology
(
25/08/2021
)
Submission: ARITA submission on Litigation Funding Schemes: Guidance and Relief
(
23/08/2021
)
Unfair preferences – continued relevance of the doctrine of ultimate effect
(
18/08/2021
)
Vale William 'Bill' Hamilton
(
18/08/2021
)
Submission: ASIC CRIS 2020–21
(
16/08/2021
)
Submission update: Schemes - ARITA member consultation
(
11/08/2021
)
Practice Alert: Meeting & communication relief for companies extended
(
11/08/2021
)
Case: Sequestration orders and asking the court to go behind a judgment debt
(
11/08/2021
)
Vale Tony Douglas-Brown
(
10/08/2021
)
Submission: Improving schemes of arrangement to better support businesses
(
3/08/2021
)
Case: Obtaining an extension of time to set aside an examination summons
(
2/08/2021
)
Practice Alert: Personal insolvency indexed amounts update (June 2021)
(
4/08/2021
)
Practice Alert: Has a request for information been made?
(
26/07/2021
)
Case: Statutory demands – informal service and a declaration of nullity as a set aside alternative
(
26/07/2021
)
Practice Alert: Release of draft CRIS for ASIC IFM for 2020/21
(
23/07/2021
)
Practice Alert: Maximum default amount of remuneration
(
22/07/2021
)
Practice Alert: New flowcharts added to ASIC INFO 29
(
19/07/2021
)
Case: Bankruptcy Trustees recover real estate held on resulting trust for bankrupt
(
19/07/2021
)
Practice Alert: Personal insolvency indexed amounts update (Revised March 2021)
(
21/07/2021
)
Submission update: ALRC review of legislative framework background paper
(
14/07/2021
)
Case: ‘Examinable affairs’ provides a low threshold in the issue of an examination summons
(
13/07/2021
)
Professional Conduct Committee determination
(
12/07/2021
)
Practice Alert: Changes to service of documents under the Bankruptcy Act
(
7/07/2021
)
Code FAQ: What are other relevant entities covered by the extended definition of 'Firm'? (4th ed)
(
6/07/2021
)
Case: The need to plead carefully to set aside a statutory demand
(
5/07/2021
)
Case: A contract for sale is not a financial record available for inspection
(
30/06/2021
)
Submission update: Consequential amendments to small business insolvency reforms
(
29/06/2021
)
Submission: ALRC review of the legislative framework for corporations regulation
(
28/06/2021
)
Case: Second Badenoch decision creates even more uncertainty for unfair preference recoveries
(
28/06/2021
)
Practice Alert: CGT in bankrupt estates
(
24/06/2021
)
Case: FEG redundancy exclusions – termination of SME employees after restructure
(
22/06/2021
)
ARITA Journal: 8 things you should know about small business restructuring
(
21/06/2021
)
Scott Atkins is new INSOL President
(
15/06/2021
)
Case: Holding the assets – Federal Court guidance on asset valuation and distribution
(
15/06/2021
)
Case: Can s 139ZQ notices be issued after discharge & to extend limitation periods?
(
8/06/2021
)
Case: Look before you launch litigation – a cautionary tale for liquidators
(
15/06/2021
)
Practice Alert: Firms offering consumer ‘debt management services’ require credit licence to operate
(
8/06/2021
)
ARITA / AFSA / ASIC Liaison Meeting – 21 April 2021
(
7/06/2021
)
Practice Alert: Virtual meetings include providing telephone facilities & voting must be via poll
(
31/05/2021
)
Practice alert: Corporate statutory demand threshold increased to $4,000 from 1 July 2021
(
28/05/2021
)
New 2021–2022 ARITA Board
(
26/05/2021
)
Case: Disclaimed property vested absolutely in mortgagees
(
26/05/2021
)
Grays become a 2021 Platinum National Partner
(
25/05/2021
)
Practice Alert: SGC percentage change from 1 July
(
20/05/2021
)
Case: Retrospective approval to sell trust assets is a last resort
(
19/05/2021
)
Case: Approval for proposed transactions under ss 477(2A) & 477(2B) of Corporations Act
(
13/05/2021
)
Introducing our new Diamond National Partner
(
12/05/2021
)
Case: Full Federal Court expands scope for running accounts & overturns peak indebtedness rule
(
11/05/2021
)
Submission: Consequential amendments to small business insolvency reforms
(
6/05/2021
)
Case: Liquidator of corporate trustee seeks to sell assets subject to trustee’s right of exoneration
(
5/05/2021
)
Practice Alert: Personal insolvency indexed amounts update (March 2021)
(
4/05/2021
)
Submission: ASIC's performance against Regulator Performance Framework 2019/20
(
3/05/2021
)
Case: Distributing dividends when a bankrupt has not filed a statement of affairs
(
27/04/2021
)
Submission: Consequential amendments to small business insolvency reforms
(
26/04/2021
)
Case: Can assignees of liquidators’ claims use public examination docs in enforcement proceedings?
(
21/04/2021
)
Case: When a liquidator is also the bankruptcy trustee of the company’s sole shareholder
(
13/04/2021
)
Case: Discretion to extend adjournment period for creditors’ meetings
(
7/04/2021
)
Practice Alert: Electronic communications in external administrations
(
7/04/2021
)
Directors’ duties in uncertain financial times – Updated guidance
(
7/04/2021
)
Credit manager’s guide to the small business insolvency reforms
(
7/04/2021
)
Case: Federal Court expands the scope for effecting valid service of a statutory demand
(
31/03/2021
)
Case: GST credits on pre-appointment acquisitions
(
31/03/2021
)
Termination of Membership - Mr Peter Macks
(
31/03/2021
)
Practice alert: Key changes in the Bankruptcy Regulations 2021 (including for liquidations)
(
26/03/2021
)
Case: ATO to repay $2m in ‘third party’ preferential payments made while company subject to DOCA
(
24/03/2021
)
ARITA Journal: Digital transformation in insolvency & restructuring
(
23/03/2021
)
Case: Court grants extension of time for SPLs to bring voidable transaction claims
(
22/03/2021
)
Practice alert: Bankruptcy Regulations 2021 finalised
(
22/03/2021
)
Case: Another judgment on interaction of SBR & winding up
(
17/03/2021
)
NSW/ACT Committee Nominees 2021/2022
(
16/03/2021
)
Case: Establishing breach & accessorial liability does not equate to loss or damage
(
12/03/2021
)
WA Committee Nominees 2021/2022
(
9/03/2021
)
Case: Small business restructuring & winding up - is the right balance being struck?
(
9/03/2021
)
Vic/Tas Committee Nominees 2021/2022
(
8/03/2021
)
Case: When is a company insolvent?
(
4/03/2021
)
Practice Alert: All RLs have positive obligations to report to ASIC regarding Temporary Relief
(
3/03/2021
)
Practice Alert: ASIC notifications relating to small business reforms
(
2/03/2021
)
Practice Alert: Changes to pre-pack laws in UK
(
1/03/2021
)
Practice Alert: Director resignation changes
(
1/03/2021
)
Submission: Modernising Business Communication
(
26/02/2021
)
SA/NT Committee Nominees 2021/2022
(
26/02/2021
)
Submission: Increasing the statutory demand threshold
(
26/02/2021
)
Case: Considerations for the appointment of a special purpose liquidator
(
23/02/2021
)
Practice Alert: New information sheets & templates for members
(
19/02/2021
)
Submission: Licensing debt management firms
(
16/02/2021
)
Submission: The bankruptcy system and the impacts of coronavirus
(
16/02/2021
)
Case: Conduct of director in an application to wind up on just & equitable grounds
(
15/02/2021
)
Code Guidance Note: How does the Code apply to small business restructuring?
(
10/02/2021
)
Case: Obtaining summary judgments in insolvent trading claims
(
9/02/2021
)
New information sheets to support small business insolvency reforms
(
5/02/2021
)
Practice Alert: IFM levy amended for SBR
(
5/02/2021
)
Practice Alert: ATO notifications for small business restructuring & simplified liquidations
(
4/02/2021
)
2021 ARITA Divisional AGMs & call for nominations
(
3/02/2021
)
Case: Court dismisses landlord’s application to wind up tenant
(
3/02/2021
)
Practice Alert: Personal insolvency indexed amounts update
(
2/02/2021
)
Practice Alert: ASIC response following the service of court applications
(
1/02/2021
)
Practice Alert: Small business insolvency reforms FAQs
(
21/01/2021
)
Submission: Bankruptcy Regulations 2021
(
19/01/2021
)
Submission: AG consultation on personal insolvency reforms
(
15/01/2021
)
Law reform training now available as 'learning on demand'
(
11/01/2021
)
ARITA Insolvency Law Reform Training and Precedents update
(
5/01/2021
)
Practice Alert: Status of ARITA's Small Business insolvency reforms guidance
(
18/12/2020
)
Practice Alert: Bankruptcy threshold permanently increased to $10,000 effective 1 January 2021
(
18/12/2020
)
Practice alert: Interacting with the ATO
(
16/12/2020
)
Case: Restructured companies to vest like the rest
(
14/12/2020
)
ARITA / AFSA / ASIC Liaison Meeting – 27 October 2020
(
11/12/2020
)
Submission: Feedback on draft Bankruptcy Regulations 2021
(
8/12/2020
)
Case: Right to tenant's property on abandonment of lease by liquidator
(
8/12/2020
)
Practice Alert: Actual ASIC IFM costs 2019-20
(
1/12/2020
)
Case: Court finds utility in the appointment of an insolvency referee
(
1/12/2020
)
Code FAQ: Clarification on independence declaration in DIRRI (version 2 template)
(
30/11/2020
)
Code: New DIRRI & Remuneration Approval Report templates (4th edition)
(
30/11/2020
)
Practice Alert: New information sheets for creditors
(
30/11/2020
)
ARITA Journal: How to chart your firm’s course in uncertain times
(
27/11/2020
)
Submission: Insolvency reforms to support small business subordinate legislation
(
25/11/2020
)
Vale Nick Malanos
(
25/11/2020
)
Case: Creditors’ powers of examination
(
23/11/2020
)
Submission update: Small business insolvency reforms subordinate legislation released
(
17/11/2020
)
Case: When does a transfer of shares under s 444GA cause unfair prejudice to shareholders?
(
17/11/2020
)
Submission update: Small business insolvency reforms – Bill tabled
(
13/11/2020
)
Case: Dealing with trust assets where the trustee is bankrupt
(
13/11/2020
)
Case: Liquidators justified in regarding a secured creditor as subrogated in equity to the priority
(
10/11/2020
)
Case: Litigation cannot proceed as a stalking horse for those who stand behind it
(
10/12/2020
)
Submission Update: Amendments to regulations on operation of litigation funding preserve insolvency
(
30/10/2020
)
Submission: Virtual meetings & electronic document execution
(
30/10/2020
)
Practice Alert: ASIC guidance for share transfers using s 444GA
(
28/10/2020
)
Case: Court preserves confidentiality of deed of assignment between ATO & liquidator
(
26/10/2020
)
Case: Remuneration – proportionality, complexity & evidence of reasonableness considered
(
20/10/2020
)
Case: Court refuses to exercise discretion to set aside a DOCA
(
10/12/2020
)
Practice Alert: Treasurer extends COVID changes to meeting requirements
(
13/10/2020
)
Submission: Insolvency reforms to support small business
(
13/10/2020
)
Small business insolvency reforms – Recognising the expertise of Registered Liquidators
(
7/10/2020
)
Case: Court clarifies standing for membership of committees of inspection
(
1/10/2020
)
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