Newsletter archive

PIR - December 2019

PIR - December 2019

Vol 17, Issue 4

• Registered Trustee Information Forum 2019
• When is a trustee’s work done? A registered trustee’s perspective
• What does good culture look like? Join the discussion
• Giving evidence in court—advice for trustees
• Personal insolvency—what happens next for consumer debtors?
• Varying debt agreements—debtor rights and registered debt agreement administrator responsibilities
• Changes to ATO Business Portal access—a message from the ATO
• Recent court decision
• New feature: Q&A—your questions answered
• Recent prosecutions

PIR - September 2019

PIR - September 2019

Vol 17, Issue 3

• Melbourne Law School personal insolvency research concludes
• Debt agreement administrator’s duty to report offences—a practical guide
• Practitioner engagement in AFSA Enforcement investigations
• Revised statement of affairs
• Final release of online forms for practitioners
• Insurance and other requirements under the recent debt agreement law reform
• My bankrupt won’t file—section 54 or section 77CA?
• Official Receiver notices under section 77AA of the Bankruptcy Act
• Realisations charge in estates with a surplus
• Recent court decisions

PIR - June 2019

PIR - June 2019

Vol 17, Issue 2

• ‘Annual estate returns’ become ‘annual administration returns’
• Drawing remuneration before petitioning creditor’s costs are taxed
• Administering income contribution assessments
• New Zealand Insolvency and Trustee Service update
• ATO update—indemnities for insolvency practitioners
• Protecting trust accounts against cyber fraud
• Annual administration statistics for 2017–18 now available
• Recent court decisions
• Recent prosecutions

PIR - March 2019

PIR - March 2019

Vol 17, Issue 1

• Debt agreement reforms approaching
• Insolvency Mental Health Awareness Program launched for insolvency professionals
• Online forms are coming for practitioners!
• Annual estate return dates for lodgement and payment for 2018–19
• AFSA’s Regulator Performance Framework self-assessment now available
• Referring offences for debt agreements
• Efficiently declaring dividends in bankrupt estates
• The importance of contemporaneous notes
• Obtaining records from a bankrupt using a subsection 6A(3) notice
• Personal Insolvency Professionals Accreditation Program at Bond University
• Foiling the phoenix—the cost of illegal phoenix activity
• Decision case notes
• Recent prosecutions

PIR - December 2018

PIR - December 2018

Vol 16, Issue 4

• Objection to discharge practice direction now published
• Varying and terminating debt agreements—debtor rights and RDAA responsibilities
• New Australian Financial Complaints Authority launched
• The usefulness of service documents
• Decision case notes
• Income contribution assessments under section 139Y of the Bankruptcy Act
• AFSA intervenes in composition proposal
• Australian Taxation Office update
• Recent prosecutions

PIR - September 2018

PIR - September 2018

Vol 16, Issue 3

• Bankruptcy Amendment (Debt Agreement Reform) Bill 2018
• What's AFSA's compliance focus for 2018–19?
• Help us shape our services—launching the AFSAsandpit
• Be aware of the untrustworthy advisor
• Scheme gets Royal Assent
• Australian Taxation Office update
• Updated practice statement—referring offences for rash and hazardous gambling
• Annulments under s153A: when tax returns are not up to date
• Unpacking the AFSA Enforcement toolkit
• Insights from AFSA's review of practitioner information requests
• Recent decision case note
• Recent prosecution outcomes

PIR - June 2018

PIR - June 2018

Vol 16, Issue 2

• Introducing our new-look PIR newsletter
• Objections to discharge—a commitment to quality decisions
• It's that time of year again! 2017–18 AER
• Trustees' entitlements for pre-appointment work
• Untrustworthy advisors
• AFSA releases new debt agreement practice statement
• Prosecution sentencing—your questions answered
• Accountants' duty to disclose non-compliance with laws and regulations
• A worthwhile investigation tool for trustees
• AFSA intervenes in RDAA set up fee overcharging
• Are you completing 40 hours of continuing professional education each year?
• The importance of independence
• What's reasonable? It's reasonable if it isn't unreasonable!
• Recent decisions
• Fox Symes pays $37,800 for potentially misleading advertising
• Disciplinary committee decides: Thomson to remain registered
• Updated median industry rates for work transferred from OT
• Recent prosecution outcomes

PIR - March 2018

PIR - March 2018

Vol 16, Issue 1

• Reforms to personal insolvency procedures likely in 2018
• Frequently asked questions about the Debt Agreement Reform Bill 2018
• Choice of charge — revised CDPP guidelines for prosecuting a failure to file statement of affairs
• Income contribution disputes: an alternative course to filing objections for non-payment
• Spotlight on: remuneration reviews
• Recent decisions
• Australian Taxation Office updates
• New Zealand Insolvency and Trustee Service update
• Melbourne Law School research explores the practical impact of personal insolvency
• Recent prosecutions

PIR - December 2017

PIR - December 2017

Vol 15, Issue 4

• Introduction
• Engaging “Lead generating” firms and compliance with Inspector-General Practice Guideline (“IGPG 1”)
• ATO Update: Building Confidence by Managing Risk
• Creditors Meetings
• Managing Business Portal access — ‘my credential holder with auto access’
• Section 77A and Pre-Insolvency Advisors 
• Dealings with vested real property and compliance requirements under sections 58(2) and 132(3) of the Bankruptcy Act 1966 (the Act)
• Assignment of Property by a Trustee in Bankruptcy
• Recent prosecutions
• Recent decisions

PIR - October 2017

PIR - October 2017

Vol 15, Issue 3

• Inspector-General's column
• Joint and separate estates: accounting for remuneration
• AFSA’s Insolvency Practitioner Compliance Programme 2017–18
• The Personal Property Securities Register
• AAT affirms decisions by the Inspector-General not to perform reviews of trustee decisions
• ATO update: request for documents
• When to seek approval for disbursements — ARITA’s view
• New Zealand Insolvency and Trustee Service update
• AFSA to use electoral roll to search for ORN recipient details
• Recent prosecutions
• Recent decisions

PIR - July 2017

PIR - July 2017

Vol 15, Issue 2

• Inspector-General's column
• ILRA update
• ILRA: notice requirements
• Official Trustee transfer notification period
• New AFSA process for Official Receiver notices
• 2016–17 annual estate return
• AFSA Regulation introduces national operating model
• AFSA, ASIC and ARITA release joint guide for people in business
• AFSA releases new video podcast on debt agreement advertising
• ATO update
• Recent prosecution outcomes
• Recent decisions

PIR - March 2017

PIR - March 2017

Vol 15, Issue 1

• Inspector-General's column
• Insolvency Practice Rules (Bankruptcy) 2016- key changes
• ARITA personal insolvency law reform training
• Official Receiver changes practice for s77CA notices
• Trustees realising Strata Title property
• Growing reliance on AFSA guidance
• ATO update
• Recent prosecutions
• Recent decisions

PIR - December 2016

PIR - December 2016

Vol 14, Issue 4

• Inspector-General’s column
• Engaging ‘lead generating’ firms
• Certification duties of debt agreement administrators—full disclosure of liabilities by debtor
• Debt agreement administrators’ duty to maintain a single interest-bearing account
• The Insolvency Law Reform Act 2016
• Regulatory Performance Framework update
• ATO update
• CDPP plea negotiation
• CDPP witness fees and expenses
• Trustees unsuccessful in grab for super payments
• Bankruptcy and Family Law: the conflict of laws that just got so much more conflicted
• Recent prosecutions
• Recent decisions
• ILRA comparative table 1 March 2017

PIR - September 2016

PIR - September 2016

Vol 14, Issue 3

• Inspector-General’s column
• Inspector-General practice documents re-released
• Proactive monitoring of annulment and personal insolvency agreement proposals
• AFSA reviews non-professional expenses charged by practitioners
• AFSA review of independence and pre-insolvency advisers
• AFSA rules on trustee’s remuneration
• Is lodging a caveat a ‘claim’ by a trustee under section 127 of the Bankruptcy Act 1966 (Cth)?
• Controlling trustee’s recommendation on a personal insolvency agreement proposal
• Filing personal insolvency agreement proposals with the Official Receiver
• Reminder to utilise AFSA’s publications to resolve administration queries
• Pre-referral enquiry update
• Outstanding statement of affairs?
• Income contributions and grounds of objection
• AFSA’s regulatory performance framework—an update
• AFSA’s Insolvency practitioner compliance programme 2016-17
• AFSA’s income contributions guidance video series
• CENTSABLE—National website to assist women on low income
• Australian Taxation Office (ATO) update
• New Zealand Insolvency and Trustee Service update
• Recent prosecutions
• Recent decisions

PIR - July 2016

PIR - July 2016

Vol 14, Issue 2

• Inspector-General's column
• 2015–16 annual estate return process
• Official Trustee practice statement on contributions
• ATO update
• AFSA’s regulatory performance framework
• AFSA’s Insolvency practitioner compliance program 2016–17
• AFSA’s Personal insolvency practitioner compliance report guidance video
• Personal Insolvency Conference, Brisbane, September 2016
• Bankruptcy and employment restrictions—the need for a new approach
• Recent prosecutions
• Recent decisions

April 2016

Vol 14, Issue 1

• Inspector-General’s Column
• Release of AFSA’s new ‘tip-off’ form
• Enhancing AFSA’s service offering for Official Receiver notices
• Transfer of bankrupt estates from the Official Trustee to registered trustees
• Different treatment for certain secured creditors in bankruptcy compared to Part IX and Part X
• Recent Prosecutions Outcomes
• Recent Decisions
• ATO Update
• PIPA annual general meeting
• The CDPP decision to prosecute

December 2015

Vol 13, Issue 4

• Inspector-General’s Column
• Update on AFSA’s review of regulation – focus group sessions
• 9th annual RDAA forum hosted in October 2015
• ATO update
• Insolvency law reform under the ILRB
• Proposal to reduce bankruptcy period under the NIS
• Government spring repeal day overview released
• Stakeholders engagement with IG practice documents
• Changes to insolvency regulation in the UK
• Presentation by Prof David Burdette on ‘Regulation of Insolvency Practitioners’ at QUT
• Recent Prosecutions Outcomes
• AFSA video guidance for practitioners
• Change in approach to inspection preparation 
• Update on progress of AFSA’s PRE initiative
• Practitioner independence 
• Allowing tax deductions when deeming income of a bankrupt
• Composition proposals – issues for consideration
• The Bankruptcy Act and Corporations Act - Same objectives yet different outcomes?
• CDPP Partner Agency Statistics 2014-15

October 2015

Vol 13, Issue 3

• Inspector-General’s Column
• AFSA’s Review of Regulation – focus groups
• AFSA’s 2015-16 Regulator Performance Framework
• RDAA Forum
• NZITS Update
• Recent Prosecutions Outcomes
• Application of the definition of “dependant” in section 139K
• Amendments to the Bankruptcy Act receive Royal Assent
• Updated Official Receiver Notice templates
• Tip-offs
• Filing section 73 proposals with the Official Receiver
• AFSA releases new pre referral enquiry (PRE) form
• ATO update
• Regulation and Enforcement

June 2015

Vol 13, Issue 2

• Inspector-General’s Column
• AFSA’s review of regulation – next steps
• What the ATO considers when voting on debt agreements
• Changing of PIPA’s guard – new Committee elections
• Legal incapacity due to mental disability – issues arising in insolvency proceedings
• The mental health of debtors
• Recent Prosecutions Outcomes
• Recent Decisions
• eInspections
• AFSA launches new alleged offences web page for practitioners
• Trustees’ duty to inventory property – ignore at your peril!
• Drawing remuneration before paying petitioning creditor costs
• Should a trustee remove a fraudulent caveat lodged by a debtor before bankruptcy?
• “Dependant” for income contribution purposes
• Is a bankrupt’s money his/her own?
• Can a bankruptcy notice be issued on a judgment more than 6 years old?

March 2015

Vol 13, Issue 1

• Inspector-General’s Column
• Update on AFSA’s internal review of Regulation practice and procedure 
• To refer or not to refer? - that is the question! 
• Targeted regulatory campaigns 
• Regulatory trends 
• Practice Statement presentation changes 
• New Zealand Insolvency and Trustee Service update 
• Recent Prosecutions Outcomes
• Recent Decisions
• Filing of sequestration orders with the Official Receiver
• Reminder regarding fees for OR notice 
• Service of section 77CA notices by the Official Receiver 
• Efficiently dealing with annulments and surpluses to bankrupts 
• ATO services are now easier to access
• Don’t trust trusts – legislate – Claimed trust interests in freehold
• Reporting by the Official Receiver on Debt Agreement Proposals
• Change in Trustees – Books and Records 
• Transfer of bankrupt estates from the Official Trustee to registered trustees

December 2014

Vol 12, Issue 3

• Inspector-General’s Column
• AFSA’s 2014–15 Personal Insolvency Practitioner Compliance Program
• Draft Regulator Performance Framework released by Office of Deregulation
• Update on AFSA’s internal review of Regulation practice and procedure
• Personal Insolvency Practitioners Compliance Report 2013-14 released
• AFSA visits practitioners and financial counsellors in Tas, WA and SA
• Final paper on the review of the Personal Property Securities Act released
• AFSA’s 8th Annual RDAA Forum hosted in Brisbane on 9 October 2014
• QUT Law Review Special on bankruptcy published recently following IAN
• Introduction of the Civil Law and Justice Legislation Amendment Bill 2014
• Insolvency Law Reform Bill 2014 released for stakeholder consultation
• AFSA’s bi-lateral meeting with New Zealand Insolvency and Trustee Service
• New Memorandum of Understanding between ASIC and AFSA released
• Annual meeting held for International Association of Insolvency Regulators
• CDPP Partner Agency Statistics 2013–14
• Recent Prosecutions Outcomes
• Recent Decisions
• Update on the review of AFSA’s new national panel of registered trustees
• Bankruptcy notices, the law, and technology
• AFSA’s revised IGPS 13 on Professional Indemnity Insurance released
• Review of exercise of IG discretion not to proceed with Infringement Notices
• AFSA introduces new pre-referral enquiries (PRE) initiative for practitioners 
• Reminder when completing full length alleged offence referral form
• Reminder to practitioners on importance of effective communication

September 2014

Vol 12, Issue 2

• Inspector-General’s Column
• AFSA conducts internal review of its Regulation practice and procedure
• Joint Major Creditor & Registered Debt Agreement Administrator forum
• RDAAs invited to attend forum in Brisbane on 9 October 2014
• ASIC’s Australian Financial Literacy Strategy 2014-17
• New QUT Legal Research Centre investigates recovery from bankruptcy
• A Self Representation Service for debtors launched by Justice Connect
• Australia ranked 18th in resolving insolvency by 2014 World Bank report
• Complete archive of Personal Insolvency Regulator issues now online
• Regulation and Enforcement – Activity and Trends
• Recent Prosecutions Outcomes
• Recent Decisions
• Practice Matters 
• Revised IGPS 10 – Process for Handling
• Complaints against Practitioners
• Official Receiver practice change – attendance moneys under section 77C
• Transfer of administrations from Official Trustee to registered trustees
• Proper treatment of Realisations Charge and Strata Levies by trustees
• Finalising personal insolvency administrations
• Positive outcome from initial pilot of AFSA’s remote access e-Inspection
• Giving notice to creditors on voting by proxy at s73 composition meetings
• Trustee fails to claim former bankrupt’s property after more than 20 years
• Are contingent debts included in assessing the debt threshold in a DAP?
• Trustees using general disclaimers in their statutory reports to creditors
• Bankruptcy and restraining/forfeiture orders under Proceeds of Crime

April 2014

Vol 12, Issue 1

• Inspector-General’s Column
• New Zealand Statistics and Trends
• Recent Prosecutions Outcomes
• AFSA pilots new ‘desktop inspection’ system in monitoring practitioners
• Recent Decisions
• Practice Matters
• Guidance on payment of AFSA’s new debtor’s petition fee by trustees
• RTs not entitled to impose a fee on bankrupts as a condition under s272(2)
• Elements of an effective direction given to a debtor/bankrupt by trustees
• Trustees cannot delegate the power to issue a s6A(3) and/or a s77A notice
• Can undisclosed divisible property ever revest in discharged bankrupts?
• Are BPay transaction fees deductable when calculating Interest Charge?
• Does a Court-made restitution (or reparation) order survive bankruptcy?
• RDAA duty to pay unclaimed dividends to Commonwealth under s254(2)
• Does the statutory right of a bankrupt to contest a will vest in the estate?
• ATO’s guidance for Insolvency Practitioners to request financial records
• Effect of new Privacy amendments on reporting by credit bodies
• AFSA’s strategic focus on trustee offence referrals - exercise and outcomes

December 2013

Vol 11, Issue 3

• Inspector-General’s Column 
• Personal Insolvency News 
• Recent Prosecutions Outcomes 
• Recent Decisions 
• Regulation and Enforcement –Activity and Trends
• Prosecution discontinued after trustee failed to disclose receipt of bankrupt’s Statement of Affairs
• Practice matters

October 2013

Vol 11, Issue 2

• Inspector-General’s Column 
• How do you like to receive information from us? 
• Insolvency Practitioner Compliance Program 2013-14
• Recent Prosecutions Outcomes 
• Recent Decisions (Detailed)
• Recent Decisions (Summary)
• Dealing with nominal equity property - Trustee feedback on recent PIR article
• Joint RDAA and Major Creditor Forum Minutes 
• 8th RDAA Professional Development Day 
• Outcome of Inaugural DAPA Annual Conference 
• The Rivkin Story 
• Practice Matters 
• Voting with assigned debts on creditors’ resolutions without a meeting 
• New Zealand Statistics and Trends 
• Are Social Security advance payments provable debts? 
• Can a sequestration order be made during the DAP processing period?

May 2013

Vol 11, Issue 1

• Inspector-General’s Column 
• Media Release - Insolvency practitioners lose registrations
• Change to ITSA Website
• New Practice Manager for Regulation and Enforcement
• Recent Bankruptcy Prosecutions
• Recent Bankruptcy Decisions
• Regulation and Enforcement – Activity and Trends
• Trustee’s Dealing with Nominal Equity Property
• Trustee Information Sessions – Online Insolvency Services and IGPD 22 Effective Communication
• DAA Advertising and Statements
• Credit Reform Update
• Cost Recovery Impact Statement
• Form 7 Statement of Claim and Proxy Form
• Objection to discharge from bankruptcy - filing requirements and limitations
• New Zealand Statistics and Trends
• Fair Entitlements Guarantee (FEG)
• First DAPA National Conference 13 July 2013
• The Institute of Chartered Accountants in Australia launches IMC

December 2012

Vol 10, Issue 4

• Inspector-General’s Column 
• Personal Insolvency Regulator (PIR) newsletter’s 10th anniversary
• Regulator oversees reduction in insolvency practitioner remuneration
• ITSA’s Insolvency Compliance Strategy 2012-13
• Your feedback about the Regulator – Client Opinion Survey 2012
• Regulation and Enforcement - activity and trends
• Positive outcomes from monitoring RDAA advertising
• Insolvency developments around the world
• Enforcement Media Releases
• S139U – Bankrupt to provide evidence of income
• New Zealand insolvency statistics and trends
• Visitor from Japan – District Court Judge of Tokyo
• Aboriginal and Torres Strait Islander Liaison Contact Officer
• Case Note summaries
• Advertising Meetings of Creditors under Sections 73 and 188 of the Bankruptcy Act 1966
• Form 8 – Proof of Debt updated
• Online Service Tip – Certificates of Appointment
• Statutory ‘garnishee’ notices issued by the Commissioner of Taxation
• ITSA National Service Centre Update
• Insolvency Practitioners Association news - consents to act
• Financial Counselling Australia news
• Debt Agreement Practitioners Association news
• Funding of a trustee

July 2012

*ITSA

Vol 10, Issue 3

• Inspector-General’s Column 
• Inspector-General Practice Direction 22 – Effective Practitioner Communication
• Inside the Enforcement Team
• Regulation and Enforcement – Activity and Trends
• Media Releases
• Prompt referral of offences
• What constitutes a direction by a trustee? ss265(1)(c) and 265(1)(e)
• Personal Insolvency Agreements – Certificate Relating to Discharge of Obligations
• Commonwealth Legal Services Reform commenced on 1st June 2012
• Weeden v Rambaldi [2012] FCA 552
• Coshott v Burke [2012] FCA 517
• Superior IP International Pty Limited v Ahearn Fox Patent and Trade Marks Attorneys [2012] FCA 282
• Update from DAPA – 2012/ 13 Membership renewal
• Update from Financial Counselling Australia
• Investigating Trusts in Bankruptcy Situations

May 2012

*ITSA

Vol 10, Issue 2

• Inspector-General’s Column 
• Registration of bankruptcy trustee Paul Pattison cancelled
• Regulation and Enforcement Activity and Trends
• ITSA Client Opinion Survey 2012
• Inspector-General Practice Directions
• Media Releases – Prosecutions
• Update from ITSA’s National Service Centre
• A trustee’s responsibilities with respect to ‘exempt property’
• Insolvency in New Zealand no barrier to Sequestration order in Australia
• Subsection 60(2) – Duckworth v Water Corporation
• Links to some interesting cases involving disputes over property interests
• Payments to ITSA by credit card linked to a rewards program
• Update from Debt Agreement Practitioner’s Association
• Update from Financial Counselling Australia
• Advertising a priority for ASIC and ITSA

January 2012

*ITSA

Vol 10, Issue 1

• Inspector-General’s Column 
• Solvent estates and section 153A annulments – dealing with them efficiently
• Regulatory and Enforcement Activity and Trends - Enforcement and Regulation
• Media Releases – Prosecutions
• Debt Agreement Practitioner's Association to expand membership
• Bankrupts, exempt property and section 60(4)
• The “anti-deprivation” rule and “flip” clauses
• PIA terms must be calculated to benefit creditors generally
• Estate bank accounts and section 169
• Irrevocable authority a valid equitable charge
• Assigning “bare” causes of action
• Outcome of section 179 application
• Commonwealth Legal Services procurement reforms
• Major Creditor Forum – October 2011
• Unclaimed dividends and subsection 254(2)
• Income assessments when bankrupt paid in foreign currency