Newsletter archive

Please note that online editions and PDF editions prior to July 2016 are available on the National Library of Australia web archive.

PIR newsletter archive disclaimer

The content on this page and links to other archived AFSA PIR newsletter records may contain references to activities or policies that have no current application.

The material in archived AFSA PIR newsletter records may have been superseded or may no longer be relevant for the purpose identified in the newsletter. It may contain references to activities or policies that have no current application.

Content in the archive may link to web pages that have moved or no longer exist, or may refer to other documents that are no longer available. Links to external websites do not constitute an endorsement or a recommendation of material on those sites or of any products or services offered by, from or through those sites.

2019 newsletters

PIR newsletter date:

Edition:

Articles (by title):

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

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

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

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

2018 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

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

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

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

2017 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

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

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

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

2016 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

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

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

2015 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

2014 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

2013 newsletters

Newsletter Name:

Edition:

Articles (by title):

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

2012 newsletters

Newsletter Name:

Edition:

Articles (by title):

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