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PIR Newsletter Index Personal Insolvency Regulator Newsletter Index (A-Z Index) . Includes Personal Insolvency Regulator (PIR) articles up to January 2012 edition . Updated 25/01/2012 A B C D E F G H I J K L M N O P Q R S T UVW XYZ A A bankruptcy trustee’s powers and discretions, and the position of creditors December 2009 A new Professional Standard for Insolvency Services - April 2010 A Trustee’s power to make director appointments for a bankrupt’s company Administrative Appeals Tribunal Process January 2003 Advertising Creditors Meetings – an update - April 2010 Advertising Creditors Meetings – an update - July 2010s Advertising Creditors Meetings – an update - November 2010 Advertising, marketing of Debt Agreement Administrators March 2009 Advertising requirements - creditors meetings May 2007 AFCCRA - The Financial Counselling Perspective - July 2010 After-acquired Property December 2009 An alternative way for creditors to jump to the front of the queue Annual Estate Return 2009/10 - July 2010 Annual Estate Return - IGPS 7 Annual Estate Returns - June 2011 Annulments under Section 153A May 2006 Annulments - ATO Creditor claims September 2009 Antecedent Transactions - Recovery of Superannuation Contributions June 2009 APES 330 Insolvency Services Exposure Draft June 2009 ASIC – Do you need an Australian Credit Licence? - July 2010 ASIC & the National Consumer Credit Regime - November 2010 ASIC & the National Consumer Credit Regime - March 2011 ASIC & the National Consumer Credit Regime - June 2011 Assigning "bare" causes of action Assigning property to undischarged bankrupts - July 2010 Assigning property to undischarged bankrupts - April 2010 Associated entity lending funds to trustee for estate administration December 2008 Attendance by Regulation at meetings - IGPS 11 Attending Meetings of Creditors - Regulation Policy June 2009 ATO Creditor claims in annulments December 2009 ATO creditor claims in annulments September 2009 ATO is a creditor - Section 305 funding December 2008 ATO policy on debt agreements and tax refunds December 2009 ATO provides debt seminars for Insolvency Practitioners July 2010 ATO Ruling - GST Entitlement to claim refunds May 2006 ATO Ruling - GST Trustees requirement to register May 2005 B Bankrupt Gold Coast businessman convicted for offences against the Bankruptcy Act Bankrupt not located - I-G expectations to obtain Statement of Affairs Dec 2008 Bankruptcy Estate bank accounts and TFN exemption September 2009 Bankruptcy Law Amendment Bill (BLAB) 2009 - November 2010 Bankruptcy Legislation Amendment Act (BLAA) 2010 - November 2010 Bankruptcy Legislation Amendment Act (BLAA) 2010 - March 2011 Bankrupt refuses examination Bankruptcy Legislation Amendment Act (BLAA) 2010 - July 2010 Bankruptcy Regulations Amendments - Miscellaneous - July 2010 Bankrupts - ITSA Enforcement obtaining Statements of Affairs March 2009 Bankrupts, exempt property and section 60(4) BITA and Current amounts data Borrowing funds on behalf of estate from associated entity December 2008 Brake v Townsend C Certification requirements - IGPD 13 Certifications - who can sign? May 2007 Changes in responsibilities of National Managers Chose in action - prohibition to sell to bankrupt before discharge December 2008 Complaint Handling - IGPS 10 Communication – is anybody out there - November 2010 Commonwealth Legal Services procurement reforms Commonwealth Ombudsman – free, fair, impartial Conflict of Interest - Ethics Committee Ruling July 2010 Conflict of interest - trustees September 2007 Conflict of interest - trustees September 2008 Consents to Act - change to form June 2009 Consumer debtors and Part X Controlling trustee applies for sequestration, and becomes trustee - April 2010 Cost Recovery Review - change in realisations charge Creditor claims in annulments - ATO September 2009 Creditors meetings attendance by Regulation June 2009 Creditors meetings - advertising requirements May 2007 Creditors meetings - protocol for attendance by Regulation - IGPS 11 Creditors meeting - Company can vote in person without proxy May 2003 Current Amounts D Dare v Doolan - Failed application to stop creditors meeting June 2004 Debt Agreement Administrators - advertising and marketing March 2009 Debt Agreement Administrators Certification requirements - IGPD 13 Debt Agreement Administrators Proper books of account - IGPD 15 Debt Agreement Administrators - Registration Application process IGPS4 Debt Agreement Practitioner’s Association & Bankruptcy Reform - July 2010 Debt Agreement Practitioner’s Association to expand membership Debt Agreement Proposal Lodgement Fee July 2010 Debt Agreement Proposal Lodgement Fee - November 2010 Debt Agreement Proposal Lodgement Fee - March 2011 Debt Agreements – Reimbursement of bank fees July 2010 Debt Agreement Trust Account Reconciliation September 2009 Debtors Petition - change to form June 2009 Debtor fails to disclose debts Default six months - IGPD 16 Default - 3 months arrears June 2009 Default three months - IGPD 17 Did you know? Disciplinary process for administrators - IGPS 9 Disciplinary process for trustees - IGPS 8 E Effect of Household Rental Increases December 2009 Enforcement - Prosecution Statistics remain high June 2009 Error Reporting system - Inspector General Practice Statement 11 Estate bank accounts and section 169 Ethics Committee Ruling – Conflict of Interest July 2010 Expenses of a RDAA - IGPD 3 F Family Tax Benefit and Supplement June 2004 Family Tax Benefit and Bankruptcy June 2009 Fees on proposals to vary a debt agreement December 2009 Fiduciary Duties of Trustees June 2008 Filing documents with the Official Reciever in Part X September 2009 Finalisation of administration Regulation 8.14 December 2008 Financial Counsellor’s Hotline Financial Counselling Update - AFCCRA - November 2010 Financial Counselling Update - AFCCRA Flood Levy G Gambling or Hazardous Speculations - IGPS 6 - Section 271 Guidelines for registration as a Debt Agreement Administrator - IGPS 4 Guidelines for section 305 funding - IGPS 5 Government Stimulus Package - income or asset? March 2009 GST Entitlement to claim refunds May 2006 GST Trustees requirement to register May 2005 H Historical BITA and current amounts data How an unsecured creditor went to the front of the queue in a bankruptcy How to calculate an annulment under section 153A when different rates of Realisation Charge apply I IAIR Comparative Study - April 2010 IAIR Comparative Study on Insolvency Profession - June 2009 Income assessments when bankrupt paid in foreign currency Income tax implications for bankrupt - recovery of superannuation September 2008 Income tax refunds October 2002 Independence of trustees and their lawyers - June 2009 Information and Registry Update - November 2010 Inspections - the how, when and why of notifying -November 2010 Inspector-General cancels Trustee Registration - November 2010 Inspector-General’s Column - November 2010 Inspector-General’s Column - March 2011 Inspector-General's Column - January 2012 Inspector-General’s Column - June 2011 Inspector-General's Column - October 2011 Inspector-General Practice Direction 1 - Trustees Fiduciary Duties Inspector-General Practice Direction 2 - Realisations and Interest Charge Inspector-General Practice Direction 3 - Expenses of a RDAA Inspector-General Practice Direction 4 - Section 73 Compositions Inspector-General Practice Direction 6 - Trustee Remuneration practices Inspector-General Practice Direction 9 - Performance Standards for trustees Inspector-General Practice Direction 10 - Secured creditors in Part IX Inspector-General Practice Direction 11 - Objections practice Inspector-General Practice Direction 13 - RDAAs Certification requirements Inspector-General Practice Direction 15 - RDAA Proper books of account Inspector-General Practice Direction 16 - Six months default Inspector-General Practice Direction 17 - Three month default Inspector-General Practice Statement 1 - Regulatory Framework Inspector-General Practice Statement 2 - Regulation of Practitioners Inspector-General Practice Statement 4 - Guidelines to be a RDAA Inspector General Practice Statement 5 - Section 305 Guidelines Inspector-General Practice Statement 6 - Section 271 Inspector-General Practice Statement 7 - Annual Estate Return Inspector-General Practice Statement 8 - Involuntary cancellation trustee registration Inspector-General Practice Statement 9 - Involuntary cancellation RDAA registration Inspector-General Practice Statement 10 - Complaint Handling Inspector General Practice Statement 11 - Monitoring and inspections Inspector-General Practice Statement 12 - IG Reviews Inspector-General Practice Statement 13 - Trustee Registration application process Inspector-General Reviews Practice Statement - IGPS12 Inspection process - Inspector General Practice Statement 11 Inspector-General Practice Direction Nov 2005 Remuneration of Trustees Introduction of Client Manager in DAS September 2009 Intent of bankrupt and proving it - objections September 2007 Interest on interest bearing debts May 2006 Involuntary cancellation administrator registration - IGPS 9 Involuntary cancellation trustee registration - IGPS 8 IPA Code of Professional Conduct Irrevocable authority a valid equitable charge ITSA Cost Recovery Review 2009-2010 - July 2010 ITSA’s Enforcement Unit – The Year That Was December 2009 ITSA Policies and Practice website J Joint and separate property and creditors in PIA Dec 2006 Joint property and tenancy - Section 110 December 2008 K L M Major Creditor Forum – October 2011 Maternity Payment June 2004 Maxwell-Smith v Donnelly [2007] FCA 894 - section 179 Meaning of “carrying on a business” for BECA purposes December 2009 Media Releases - Prosecutions Meriton Apartments Pty Ltd v Industrial Court of NSW [2008] FCSFC 172 Meetings attendance by Regulation June 2009 Meet the people Meet the people - June 2011 Meeting Procedures – When Polls Are Taken Meetings with New Zealand Insolvency and Trustee Service Middle Class Bankruptcy - November 2010 Miscellaneous Bankruptcy Regulations Amendments July 2010 N Natural Disasters and Bankruptcy National Privacy Principles Sept 2007 Newman v Inspector General - Reasonable excuse May 2005 New advertising requirements for meetings of creditors on ITSA’s website New National Manager in Regulation and Enforcement – Adam Toma O Objection to discharge - proving intent of bankrupt September 2007 Objections to discharge - no statement of affairs March 2009 Objection to discharge - Guidelines in issuing an Objection to Discharge where Statement of Affairs not yet filed (IGPD11) September 2009 Objection to discharge - Reasonable excuse May 2005 Officially Receiving – The History of Australian Bankruptcy Law and Administration Official Receiver Notices News Online Services for Trustees: Release 2 - April 2010 Outcome of section 179 application Overseas Travel request of bankrupt - considerations in trustee decision September 2008 P Pantzer v Wenkhart Pascoe v Prentice - Company can vote in person without proxy May 2003 Part X - effective Section 188 authorities September 2007 Part X - Filing documents with the Official Reciever in Part X September 2009 Part X- meeting notification Regulation 10.04 May 2007 Part XI - Statement of Affairs in Part XI estates September 2009 Partnerships and no solvent partners March 2009 Partnerships and solvent partners December 2006 Pattison v Inspector-General (and Ogilby) [2007] AATA 1517 6 July 2007 Performance Standards for trustees - IGPD 9 Performance Standard Reconciliation of Accounts May 2005 Personal Insolvency Statistics – December 2010 quarte PIA - joint and separate creditors and property Dec 2006 PIA terms must be calculated to benefit creditors generally PIA - when can the debtor make another offer December 2008 PIA - when can the debtor make another offer September 2008 Petitioning creditor's costs fixed by Court and section 109 December 2006 PPSR News Practitioner & Stakeholder Education in 2011 - November 2010 Professional Standard for Insolvency Services - April 2010 Professional Indemnity Insurance - April 2010 Professional Indemnity Insurance for Trustees 2001 Profile of Debtors Prosecution Statistics remain high June 2009 Q Quorum June 2002 R RDAA duty to report 3 months arrears - multiple June 2009 RDAA Registration renewals - April 2010 RDAA Professional Development Day and Major Creditor Forum - November 2010 Registration application process for trustees - IGPS 13 Regulation 8.04A Change in circumstances of trustee November 2003 Regulation 8.12 May 2005 Regulation 8.14 December 2008 Regulation 10.04 - notification of Part X meeting May 2007 Regulatory Activity & Trends Summary – six months to 31 December 2010 Regulatory Activity Summary – 2009-2010 - July 2010 Regulatory Activity Summary 9 months to 31 March 2010 - April 2010 Regulatory Activity Summary – first quarter 2010-2011 - November 2010 Regulatory and Enforcement Activity and Trends Regulation Displinary Action September 2009 Regulation Findings 08-09 September 2009 Regulation of Practitioners - IGPS 2 Regulatory Activity Summary – July to September 2009 Regulatory Framework IGPS 1 Regulatory and Enforcement Activity & Trends Summary – nine months to 31 March 2011 Realisations and Interest Charge - IGPD 2 Realisations charge where bankrupt pays debts from vesting property September 2008 Realisations charge calculation where different rates apply and 100 c in $ June 2008 Realisations charge calculation where surplus payable May 2005 Realisations charge and controlling trustees fees May 2003 Realisations charge and creditors indemnity November 2005 Realisations charge and indemnity for remuneration June 2004 Realisations charge and Section 161B fees December 2006 Reasonable excuse May 2005 Reconciliation of Accounts Performance Standard May 2005 Reconciliation of Debt Agreement Trust Account September 2009 Referring an offence – more than a compliance burden Related entity Release of IAIR Comparative Study - April 2010 Release of Government options paper – regulatory reform of Australia’s insolvency industry Remuneration of trustees - comment by court on quantum May 2007 Remuneration of trustee - comment by court on excessive fees December 2006 Remuneration of trustee - entitlement to after s74 annulment December 2006 Remuneration of trustee fixed by court Section 162 May 2007 Remuneration of Trustees Inspector-General Practice Direction November 2005 Remuneration of trustees paid by debtor or third party June 2008 Remuneration of trustees – not a secured creditor for BECA November 2005 Remuneration of trustees - Proper practices - IGPD 6 Remuneration when dealing with Regulator June 2008 Revesting of property - Section 129AA March 2009 Reviewable Decisions – Supervised Account Regime - Section 139ZIE December 2009 Review of RDAA Advertising practices S Same-Sex Reforms December 2008 Section 6A(3) Notice March 2009 Section 60 Choses in action Section 64ZBA and Section 73 Section 73 Compositions - Proper procedure IGPD 4 Section 109(1)(1) Petitioning creditor's costs fixed by Court December 2006 Section 110 Joint property and tenancy December 2008 Section 129AA - Revesting of property March 2009 Section 153A(1) Interest on interest bearing debts May 2006 Section 155H(1) Trustees maintaining knowledge Section 161B fees - Trustees minimum entitlement Dec 2006 Section 162 Remuneration of trustee fixed by court May 2007 Section 168 prosecution September 2007 Section 179 Trustee's conduct September 2007 Section 185C(2D) Certifications - who can sign? May 2007 Section 185U - Application to set aside debt agreement May 2007 Section 188 authorities September 2007 Section 254 of the Act and Unidentified Moneys - April 2010 Section 254 - Unclaimed dividends September 2009 Section 271 - Inspector-General Practice Statement 6 Section 305 applications where ATO is a creditor December 2008 Section 305 Guidelines on provision of funding for trustees Secured creditors in Part IX - IGPD 10 Secured creditors in a Part IX September 2007 Secured Petitioning Creditors – It Pays To Read The Petition Securing Trust Account Cheques - December 2009 Sequestration Order and bankrupt not located - December 2008 Setting aside debt agreement May 2007 Setting aside Part X May 2003 Six months default - IGPD 16 Solvent estates and section 153A annulments – dealing with them efficiently Standard complaint and review request forms released Statement of Affairs - I-G expecations where bankrupt not located December 2008 Statement of Affairs - Part XI estates September 2009 Statement of Affairs - must be filed with Official Receiver September 08 Statements of Affairs – use section 6A(3) to obtain from bankrupts March 2009 Statistics - October 2011 Superannuation Contributions recovered - tax implications for bankrupt September 08 Superannuation Contributions - recovery June 2009 T The “anti-deprivation” rule and “flip” clauses The Debt Agreement Practitioners Association. 2007 to 2011 The Financial Counselling Perspective - AFCCRA - July 2010 Three months default - IGPD 17 Three month arrears default - multiple June 2009 Three month arrears default - IGPD 17 amendment September 2009 Three time bankrupt jailed TFN exemption and Bankruptcy Estate bank accounts September 2009 Travel request of bankrupt - considerations in trustee decision September 2008 Trust Account Reconciliation - Debt Agreement September 2009 Trustee agrees to resign appointment over conflict of interest Trustees and their lawyers - need for independence June 2009 Trustee borrowing funds on behalf of estate from associated entity December 2008 Trustees Fiduciary Duties - IGPD 1 Trustee Fiduciary Duties June 2008 Trustee Information Sessions - November 2010 Trustee Registration application process - IGPS 13 Trustee Remuneration practices - IGPD 6 Trustee Resigns After Disciplinary Action Commenced for Conflict Trustees Seeking Directions from the Court - April 2010 UVW Unclaimed dividends and subsection 254(2) Voting eligibility at Adjourned Meetings of Creditors - December 2009 Vale v Sutherland - September 2009 Wenkhart v Pantzer - December 2006 When a Trustee may adjourn a meeting of creditors - November 2010 XYZ

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