The latest news, updates and member resources.
 Practice Alert: ASIC releases updated INFO 29
 Case: Court approval given to liquidator assigning of all Company’s causes of action to Commissioner
 Practice alert: Improved PPSR reporting & guidance – Suggestions invited
 ARITA Journal: The vexed issue of external administrators’ independence
 Disclosure of referrers in DIRRIs
 Cases: Recent cases dealing with illegal phoenix behaviour
 2019 National Conference wrap
 Case: Appointment as receiver of two trusts formerly controlled by insolvent corporate trustee
 Solvent windings up aren’t that straightforward
 Overhaul of ARITA CPE requirements to support diversity
 Case: Purported assignment of security not recognised due to insufficient evidence
 4th edition of ARITA Code - final member consultation
 Case: Court refuses leave to join insurer to insolvent trading proceedings
 Financial Recovery 2020 – ARITA’s 8-point plan to strengthen the insolvency regime
 Practice Alert: Indexed maximum default remuneration
 Practice alert: New bankruptcy Statement of Affairs – effective from 2020
 Case: Equitable contribution and insolvent trading liability arising from settlement
 Renew or subscribe to ARITA Precedents
 ARITA / AFSA / ASIC Liaison Meeting – 4 June 2019
 Practice Alert: ASIC review of ROCAP
 Case: All creditors are created equal, unless they are related
 Invitation to supply for panel of suppliers to conduct financial capability assessments
 Practice Alert: ASIC Remuneration Project - Form 5022
 Case: Court declines to replace liquidators over independence concerns
 Practice alert: AFSA Registered Trustee forum – Topic suggestions
 Practice Alert: Final ASIC IFM levy estimates for 2018/19
 Case: Court awards costs against insolvency practitioner personally
 Practice Alert: STP information for IPs
 Case: High Court confirms treatment of claims in insolvency of trading trusts
 Cases: Court guidance on the admission of proofs of debt where liquidator in conflict
 ARITA Journal: Leading business coach Jack Crumlin reveals how to identify & nurture top talent.
 Practice Alert: Updated list of ILRA issues
 Spotlight on ARITA National Conference speakers
 Case: Insolvent trading established from failure to keep proper books and records
 Case: Application for access to supporting affidavit for examination summons refused
 Practice Alert: Notice obligations in administrations which transition from VA to CVL
 New 2019-2020 ARITA Board
 Practice Alert: ATO request for documents streamlined process pilot
 Submission: ARITA submission to ALRC on corporate criminal responsibility terms of reference
 Case: ASIC fails in obtaining inquiry into liquidators’ conduct
 ARITA National AGM 2019: Notice of meeting
 Case: Confirmation of appointment of administrators following on majority opinion of directors
 Draft Taxation Determination TD 2019/D2
 Practice Alert: STP reminder and SGC changes
 Practice alert: The importance of contemporaneous file notes
 Submission: Draft Cost Recovery Implementation Statement: ASIC industry funding model (2018-19)
 3 headline speakers announced for National Conference 2019
 Case: Remuneration approval for court-appointed receivers – do not act outside of role
 Case: Federal Court releases reasons in case applying Model Law
 Practice Alert: ASX fact sheet for insolvency practitioners
 Case: Confirmation of approach to s 477(2B) approval to fund solvency report
 Results of Qld Division Committee election
 Case: Full Federal Court maintains trial judge’s exercise of discretion to not grant time extension
 Practice alert: Accessing Xero post appointment
 ARITA NSW/ACT March 2019 Division meeting
 ARITA Vic/Tas March 2019 Division meeting
 ARITA WA March 2019 Division meeting
 2019/2020 SA/NT Division Committee announced
 AFSA annual estate return dates for lodgement and payment for 2018–19
 Results of Vic/Tas Division Committee election
 Electronic DIRRIs now possible & other miscellaneous amendments
 Bill to strengthen FEG recoveries passed – amendments give unions standing
 Case: Summary judgment for breach of insolvent trading provisions
 2019/2020 WA Division Committee announced
 Submission update: Senate reports released on DINs and anti-phoenix bills
 Results of NSW/ACT Division Committee election
 Delegates praise 2019 SMP Conference on Hamilton Island
 Case: NSW Supreme Court confirms approach to remuneration determinations
 ARITA Journal: An inside look at the Lehman Brothers bankruptcy with the Honorable James Peck
 Case: Receivers cleared by Court to make s 561 distribution
 Professional Conduct Committee determination – Mrs Suelen McCallum and Mr Riad Tayeh
 YP Committee applications open: closing 24 Apr 2019
 ARITA March Board meeting
 Outcome of constitutional vote
 ARITA submissions on phoenixing and DINs
 Case: Court confirms continuation of liquidator’s appointment after resolution fails to pass
 ARITA Vic/Tas February Division meeting
 ARITA NSW/ACT February Division meeting
 ARITA National Partners 2019
 ARITA SA/NT February Division meeting
 ARITA WA January Division meeting
 ARITA / AFSA / ASIC Liaison Meeting – 13 December 2018
 ATO to establish database of IPs for complex insolvencies
 ARITA submissions 2018
 Bankrupt Pharmacists - National Health Amendment (Pharmaceutical Benefits) Bill 2019
 ARITA SA/NT December Division meeting
 Case: Court guidance on remuneration reports and determinations
 Proposed anti phoenixing amendments introduce to Parliament
 Practice Alert: Clarity on the application of section 509
 ARITA NSW/ACT November Division meeting
 ARITA Vic/Tas December Division meeting
 Termination of ARITA membership - Mr David Leigh
 Vote on proposed ARITA constitutional changes to improve Board representation
 Practice alert: Scope of operation for changes to restrict related creditor voting rights
 ARITA guidance: Review and assessment of proxies
 Nominations open for 2019 Qld Division Committee
 Nominations open for 2019 SA/NT Division Committee
 Nominations open for 2019 Vic/Tas Division Committee
 ARITA November 2018 Board meeting
 ARITA town hall meetings - book now
 Nominations open for 2019 WA Division Committee
 Practice Alert: 7th Anniversary of PPSR – Expiry date looming for certain registrations
 Nominations open for 2019 NSW/ACT Division Committee
 Case: The mothership lands – insolvency findings in Bias Boating unfair preference proceedings
 Case: Supreme Court of New South Wales confirms that when the Commonwealth asks it will receive…
 ARITA town hall meetings - save the date
 Mental health training programs launched for insolvency professionals
 ARITA WA November Division meeting
 Practice alert: Superannuation proofs of debt and voting– careful review required
 Single Touch Payroll requirements extended from 1 July 2019
 Release of Practice Statements for stakeholder consultation
 Consultation on draft of 4th Edition of the ARITA Code of Professional Practice
 Practice alert: Changes to Insolvency Practice Rules on related creditors voting rights come into ef
 Date for High Court hearing of Amerind appeal set
 ARITA Vic/Tas November Division meeting
 ARITA SA/NT October Division meeting
 ARITA Journal December 2018 edition
 ASIC Industry Funding Model: actual costs released
 The Mighty River continues to run: the next instalment…
 ABC 7.30 Report: Illegal phoenixing
 Case: Dispute as to timing of service of statutory demand cannot operate as an enforceable estoppel
 ARITA guidance: Annual vs End of Administration Returns
 ARITA SMP Committee meeting - November 2018
 Putting ARITA logo & membership details on your website or in an email signature
 Submission: Credit and financial services targeted at Australians at risk of financial hardship
 ARITA guidance: Supreme Court Corporations Rules
 ARITA guidance: Maximum default remuneration
 Video: ARITA Presidents on 25 years of National Conference
 New RATA: Form 507 ROCAP
 ARITA WA September Division meeting
 'As is, where is' auction rule to remain
 Video: ARITA at Select Committee on Lending to Primary Production Customers
 Life Membership and President's Awards presented at National Conference
 Submission: Reforms to strengthen penalties for corporate and financial sector misconduct
 Draft bill to provide for electronic disclosure of DIRRIs – open for consultation
 Bankrupt pharmacists law reform – expressions of interest sought
 Perception of independence an important consideration in appointment of liquidators
 Guidance on evidence required for 'genuine dispute' – mere assertion is not enough
 ATO liaison meeting - October 2018
 ARITA Vic/Tas October Division meeting
 ARITA NSW/ACT October Division meeting
 Existing FEG recovery provisions to be considered further by the Federal Court
 ARITA Vic/Tas September Division meeting
 ARITA SA/NT September Division meeting
 Application to court confirms capacity to continue as administrators
 ARITA Submission: Combating Illegal Phoenix Activity
 Bill to strengthen FEG recoveries introduced into Parliament
 Hamersley Iron v Forge Group Power appellate guidance
 Notice requirements & postal rule presumptions
 Debt Agreement Amendments passed by Senate
 ARITA Journal: ILRA one year on
 Improving the bankruptcy statement of affairs
 Special leave denied in Linc Energy case
 ARITA August Board meeting
 ARITA NSW/ACT September Division meeting
 High Court confirms holding DOCAs as a valid tool which reflects the flexibility of Part 5.3A
 Application for termination of winding up in a post-ILRA context
 ARITA / AFSA / ASIC Liaison Meeting – 19 June 2018
 Trusts and registrations on the PPSR
 Draft IGPD 7 - Objections to discharge from bankruptcy released for Consultation
 Submission: Modernising Business Registers
 The power of a trustee in bankruptcy to acquire property confirmed by Court
 ASIC industry funding model: Reminder for members
 AFSA revises bankruptcy Statement of Affairs
 Amerind decision to be considered by High Court
 Legislation to combat illegal phoenix activity released for consultation
 AFSA trustee information sessions
 ARITA bankruptcy precedents now available
 Submission: Review of ATO's use of garnishee notices
 Requirements for ‘no reasonable grounds’ defence in s 588FG(2)(b) clarified by WA Court of Appeal
 NSW Court of Appeal guidance on recovery of third party payments as unfair preferences
 ASIC industry funding
 Submission: Draft Bill reforms to address corporate misuse of the fair entitlements guarantee scheme
 Single Touch Payroll exemption for IPs
 Media release: Clive Palmer moves to junk mail
 Ipso facto exclusions: Regulations and Declaration made and registered *UPDATED*
 Unfair preferences, partly-secured debts and ROT: Queensland District Court decision
 High Court dismisses challenge to ‘holding’ DOCA
 IGT review of ATO use of garnishee notices
 Reforms to address corporate misuse of the fair entitlements guarantee scheme
 ARITA Journal: Personal insolvency in focus
 Updated - ARITA templates for members
 Exercising casting vote on resolution for removal and replacement: NSW Supreme Court decision
 Termination of membership - Mr Justin Cadman
 URGENT - Errors in legislation in ARITA 2018 Handbook
 More inclusive voting for ARITA members
 Updated creditor initial notification templates
 Submission: Superannuation guarantee integrity
 New remuneration rates released for AFSA National Panel of Registered Trustees
 Assigned debts and s 553C set-off: NSW Supreme Court decision
 ARITA's submission on exclusions from ipso facto stay
 ARITA precedents - Release 2 available
 AGM Notice of Meeting
 Former administrators’ statutory lien for remuneration and expenses: Vic Supreme Court decision
 Consolidated list of outstanding ILRA 'fixes'
 ARITA's response to AAT statement on Code of Professional Practice
 Submission: Clarification, simplification and modernisation of the consumer guarantee framework
 Termination of membership - Mr Randall Joubert
 Denial of administrators’ equitable lien upheld on appeal: Full Federal Court decision
 Section 553C set-off against liquidator preference claims: Federal Court decision