News

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)

Vale William 'Bill' Hamilton (18/08/2021)

Unfair preferences – continued relevance of the doctrine of ultimate effect (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)

Practice Alert: IFM levy amended for SBR (5/02/2021)

New information sheets to support small business insolvency reforms (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)

Practice Alert: New information sheets for creditors (30/11/2020)

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)

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)

Case: When does a transfer of shares under s 444GA cause unfair prejudice to shareholders? (17/11/2020)

Submission update: Small business insolvency reforms subordinate legislation released (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)

Case: Application to remove liquidators refused (30/09/2020)

Practice alert: Temporary insolvent trading moratorium enforcement (29/09/2020)

Practice Alert: Key points on insolvency reforms to support small business (24/09/2020)

Media Release: ARITA welcomes Govt's proposed reforms – but careful review still required (24/09/2020)

Termination of ARITA Membership – Mr Steven Naidenov (23/09/2020)

Case: Consideration of remuneration based on manner and quality of work (22/09/2020)

Case: Virgin - Administrator's power of sale versus creditor democracy (21/09/2020)

Case: Voluntary administrator entitled to passwords to access electronic data (14/09/2020)

Practice Alert: Financial Products Consultation Paper released by Attorney-General’s Department (11/09/2020)

Case: State environment legislation trumps liquidators’ disclaimer (again) (10/09/2020)

ARITA Journal: Bankruptcy in focus (10/09/2020)

Case: Trustee entitled to remuneration despite sequestration order set aside (7/09/2020)

Practice Alert: Insolvency relief extended until new year (7/09/2020)

Practice Alert: AFSA Registered Trustee Information Forum 2020 (3/09/2020)

Practice Alert: Changes to Transport for NSW searches (3/09/2020)

UPDATED Stage 4 Restrictions – Guidance for IPs based in Victoria or taking appointments in Victoria (1/09/2020)

Case: When does a third-party payment constitute an unfair preference? (31/08/2020)

Submission update: ALRC corporate criminal responsibility final report (31/08/2020)

Code Consultation: Update to DIRRI and Remuneration Approval Report Templates (4th edition) (26/08/2020)

Code FAQ: Clarification of section 3.4 of COPP: Insolvency Services (4th edition) (26/08/2020)

Case: Court clarifies where a public examination will constitute an abuse of process (25/08/2020)

AFSA & ASIC registration committees – quick reference guide (20/08/2020)

Reprimand issued following determination by ASIC Disciplinary Committee (19/08/2020)

Practice Alert: PPSR releases new industry-specific COVID-19 resources for small business (18/08/2020)

Practice Alert: Sunsetting of the Bankruptcy Regulations 1996 (12/08/2020)

Stage 4 Restrictions – Guidance for IPs based in Victoria or taking appointments in Victoria (5/08/2020)

Practice Alert: Final claim for remuneration on BAS - Accounting on a cash basis (28/07/2020)

Submission update: ASBFEO Insolvency Practices Inquiry (28/07/2020)

Case: Court considers treatment of rent accrued in standstill period (23/07/2020)

Practice Alert: Extension to timing for JobKeeper & JobSeeker (21/07/2020)

Practice Alert: Accounting for pre & post appointment JobKeeper payments (21/07/2020)

Case: Court releases reasons in Virgin confidentiality application (16/07/2020)

Case: Virgin administration update - further orders for modification to personal liability made (16/07/2020)

ARITA members COVID-19 issues - second survey (June 2020) (7/07/2020)

Practice Alert: Completion of historical ASIC searches (7/07/2020)

Case: Court declines to order inquiry in dispute between companies in liquidation (7/07/2020)

Submission: ASIC CRIS 2019/2020 (7/07/2020)

Practice Alert: New and updated PPSR materials with insolvency focus (30/06/2020)

Case: Guidance on s 561 and assets within the circulating security interest (25/06/2020)

Termination of ARITA membership – Ms Amanda Young (22/06/2020)

Attention Qld IPs: Queensland Small Business COVID-19 Adaption Grant Program (18/06/2020)

ARITA Journal: COVID-19 & the great lockdown (17/06/2020)

Case: Confirmation of leave to issue mothership proceedings in Federal Court (17/06/2020)

Submission Update: MBR laws to implement DIN pass through Parliament (16/06/2020)

Submission: Litigation funding and the regulation of the class action industry inquiry (15/06/2020)

Practice Alert: Release of draft CRIS for ASIC IFM for 2019/20 (16/06/2020)

ARITA response to ASBFEO COVID-19 Recovery Plan (3/06/2020)

Case: The ‘Last Lap’ – examinations, information requests and personal costs (2/06/2020)

Practice Alert: UK insolvency law changes (28/05/2020)

Practice Alert: UPDATE ATO Cashflow Boost payment (28/05/2020)

Case: Former deed administrators can recover unfair preference as liquidators (21/05/2020)

Practice Alert: ATO Cashflow Boost payment (19/05/2020)

Practice Alert: Update concerning Federal Law Search functionality (18/05/2020)

Practice Alert: COVID-19 safe workplaces (18/05/2020)

Cases: Further Court orders in Colette and Techfront (12/05/2020)

Practice Alert: Federal Law Search unavailable (8/05/2020)

Case: Liquidator justified in admitting proof of debt by related company (7/05/2020)

Practice Alert: Treasurer uses emergency powers to modify Corporations Act (6/05/2020)

Case: Reasons released in first Virgin court application (5/05/2020)

Practice Alert: Update - State & Territory legislation to implement Leasing Code (5/05/2020)

Practice alert: Early release of superannuation by bankrupts (4/05/2020)

Survey highlights COVID-19 challenges for the insolvency profession (1/05/2020)