Regulation snap-shot

July to December 2018

4 new insolvency practitioners registrations [?] approved 72 applications for Inspector-General reviews [?] finalised
11 inspections [?] finalised 17 creditor meetings [?] attended by AFSA
134 complaints against insolvency practitioners [?] finalised  

Registrations

Trustees

During the year, there have been no applications for individuals to become a registered trustee approved.

4 trustees have resigned/retired during the year.

2 trustees received show cause notices to explain why their registration should continue.

Find more information about registration of trustees in Inspector-General Practice Statement 13.

Debt agreement administrators

During the year, there were 4 registration applications approved for debt agreement administrators.

No debt agreement administrators have resigned/retired or were deregistered during the year.

1 debt agreement administrator received a show cause notice to explain why their registration should continue.

Find more information about registration of debt agreement administrators in Inspector-General Practice Statement 4.

Inspections

The errors most commonly found during inspections were:

  • Failure to maintain proper records (10)
  • Credit claims not properly dealt with (6)
  • Inadequate communication by trustee (6)

Find more information about our inspection program in Inspector-General Practice Statement 11.

Complaints against practitioners

During the year, 134 complaints were finalised. Of these, 11 were found to be justified.

The most common complaints made were:

  • Lack of information or communication (35)
  • Inappropriate conduct or conflict of interest (26)
  • Decisions concerning assets (23)

The most common justified complaints made were:

  • Lack of information or communication (4)
  • Creditor claims and dividends (3)

Find more information about our complaint handling process in Inspector-General Practice Statement 10.

Inspector-General reviews

During the year, we finalised 72 applications for review by the Inspector-General in Bankruptcy of trustee decisions. Of these, 17 trustee decisions were overturned[1].

The decisions overturned were:

  • Objection to discharge of a bankrupt cancelled (9)
  • Income assessment of a bankrupt varied (6)
  • Remuneration review (2)

Find more information about reviews of trustee decisions in Inspector-General Practice Statement 12.

Attending meetings of creditors

During the year, we intervened at, or prior to, 14 meetings of creditors.

The most common reasons for intervening were:

  • To provide guidance to the trustee (9)
  • Further investigations needing to be undertaken (4)
  • Proposal amended to include priorities (1)

Please note, these are preliminary results for the year and due to the timing of the completion of matters may be subject to change—particularly when considered in the context of annual results.

[1] Overturned includes all decisions that were cancelled or varied.