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News
The latest news, updates and member resources.
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: Director resignation changes
(
1/03/2021
)
Practice Alert: Changes to pre-pack laws in UK
(
1/03/2021
)
Submission: Increasing the statutory demand threshold
(
26/02/2021
)
Submission: Modernising Business Communication
(
26/02/2021
)
SA/NT Committee Nominees 2021/2022
(
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
)
Submission: Bankruptcy Regulations 2021
(
10/02/2021
)
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: 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: New DIRRI & Remuneration Approval Report templates (4th edition)
(
30/11/2020
)
Code FAQ: Clarification on independence declaration in DIRRI (version 2 template)
(
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
)
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
)
Media Release: ARITA welcomes Govt's proposed reforms – but careful review still required
(
24/09/2020
)
Practice Alert: Key points on insolvency reforms to support small business
(
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
)
Submission: ASIC CRIS 2019/2020
(
7/07/2020
)
Case: Court declines to order inquiry in dispute between companies in liquidation
(
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: COVID-19 safe workplaces
(
18/05/2020
)
Practice Alert: Update concerning Federal Law Search functionality
(
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
)
Practice Alert: Update - State & Territory legislation to implement Leasing Code
(
5/05/2020
)
Case: Reasons released in first Virgin court application
(
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
)
ARITA / AFSA / ASIC Liaison Meeting – 1 April 2020
(
28/04/2020
)
ARITA successfully contests access to conduct files
(
27/04/2020
)
Practice Alert: Alternative tests for access to JobKeeper payments
(
27/04/2020
)
Case: Court makes orders to facilitate voluntary administration
(
24/04/2020
)
Case: Public nature of liquidator’s examinations emphasised
(
23/04/2020
)
Practice Alert: Australia Post confirms delays to postal delivery times
(
22/04/2020
)
2020 Macquarie Bank Insolvency industry pulse check
(
21/04/2020
)
Email account hacked: Please don't open emails purporting to be from 'Arita Admin'
(
21/04/2020
)
Vale Ross Duus – former ARITA President & Life Member
(
21/04/2020
)
Practice Alert: INSOL and World Bank summary of Australian & Global COVID-19 response
(
20/04/2020
)
Practice Alert: Relief measures for tenancy arrangements (Part 1)
(
17/04/2020
)
Practice Alert: State-based relief measures for tenancy arrangements (Part 2)
(
17/04/2020
)
Practice Alert: Independence & taking appointments
(
16/04/2020
)
Case: Administrators given short exemption from lease liabilities
(
15/04/2020
)
Practice Alert: Access to JobKeeper payments by EXADs
(
14/04/2020
)
Practice Alert: Voting & other practical issues with creditors' meetings during COVID-19
(
9/04/2020
)
Practice Alert: Personal Insolvency Agreements (Part Xs) during COVID-19
(
9/04/2020
)
Practice Alert: Court availability & access during COVID-19 restrictions
(
9/04/2020
)
Practice Alert: Holding DOCAs in the context of COVID-19 - not a universal solution
(
9/04/2020
)
Practice Alert: Global insolvency reforms for COVID-19 crisis
(
7/04/2020
)
6 things you can do for your mental health when facing financial distress
(
2/04/2020
)
Practice Alert: URGENT reforms & responses required for COVID-19 changes
(
1/04/2020
)
Attention Qld IPs: Qld Government COVID-19 factsheet on business support initiatives
(
27/03/2020
)
Guidance for lawyers: Helping clients with companies in financial distress
(
26/03/2020
)
Practice Alert: Coronavirus Economic Response legislation commences
(
25/03/2020
)
ARITA Journal: Creditor activism, the ILRA & unintended consequences
(
25/03/2020
)
UPDATED: Guidance for accountants in public practice re clients with companies in financial distress
(
24/03/2020
)
Directors’ duties in uncertain financial times
(
24/03/2020
)
Practice Alert: Temporary relief for financially distressed businesses
(
23/03/2020
)
Guidance for accountants in public practice: Helping clients with companies in financial distress
(
20/03/2020
)
COVID-19: ARITA event cancellations update
(
19/03/2020
)
Practice Alert: COVID-19 and personal insolvency appointments
(
18/03/2020
)
Practice Alert: COVID-19 and corporate insolvency appointments
(
18/03/2020
)
Practice alert: Upcoming liaison meetings
(
17/03/2020
)
Case: High Court confirms broad scope of ‘officer’ under Corporations Act
(
17/03/2020
)
8 essential steps if your business is in distress
(
16/03/2020
)
Submission: ARITA submission on s 444GA consultation paper
(
9/03/2020
)
Case: Court applications for appointment as receiver over trust assets continue
(
6/03/2020
)
Practice Alert: Insolvency information sheet update
(
4/03/2020
)
Case: Court makes orders concerning information sharing and privacy
(
28/02/2020
)
Practice Alert: What you need to know about the new illegal phoenixing legislation (Part 2)
(
27/02/2020
)
Practice Alert: What you need to know about the new illegal phoenixing legislation (Part 1)
(
27/02/2020
)
Trish Talty memorial - Wednesday 4 March
(
27/02/2020
)
ARITA Young Professionals Committees EOI
(
26/02/2020
)
Case: Remuneration approval for special purpose liquidators
(
19/02/2020
)
Practice Alert: New bankruptcy form
(
18/02/2020
)
UPDATE: Anti-phoenix legislation commences
(
18/02/2020
)
ARITA / AFSA / ASIC Liaison Meeting – 10 December 2019
(
15/02/2020
)
Case: Court discounts remuneration claim
(
14/02/2020
)
Submission Update: Bills to introduce DINs and modernise business registers pass House
(
13/02/2020
)
Submission: ARITA submission to ALRC corporate criminal responsibility discussion paper
(
12/02/2020
)
Code FAQ: Clarification of PSI3 Objections to proposal without a meeting (4th edition)
(
12/02/2020
)
UPDATE: Combating illegal phoenixing bill passed
(
6/02/2020
)
Case: Consent position reached after attempt to replace administrator lands in Court
(
6/02/2020
)
Case: WA Court provides guidance on pooling orders in liquidation
(
3/02/2020
)
Practice Alert: Recent insolvency research papers
(
31/01/2020
)
Vale Trish Talty
(
29/01/2020
)
Submission: ASBFEO Insolvency Practices Inquiry
(
28/01/2020
)
ARITA WA Division 2020 AGM
(
24/01/2020
)
ARITA Qld Division 2020 AGM
(
24/01/2020
)
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