Regulation of Insolvency Practitioners in a Pandemic

Robinson, C

Regulation of Insolvency Practitioners in a Pandemic

Robinson, C

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Publisher:: Thomson Reuters (Professional)
Publication Type:: Journal Article
Citation:: Insolvency Law Journal, 2021, 28, (4), pp. 1-24
Issue Date:: 2021-02-14

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Field	Value	Language
dc.contributor.author	Robinson, C
dc.date.accessioned	2021-10-27T21:07:14Z
dc.date.available	2021-10-27T21:07:14Z
dc.date.issued	2021-02-14
dc.identifier.citation	Insolvency Law Journal, 2021, 28, (4), pp. 1-24
dc.identifier.issn	1039-3293
dc.identifier.uri	http://hdl.handle.net/10453/151232
dc.description.abstract	The COVID-19 pandemic has demanded greater attention be paid to the regulatory agenda and recalibration in enforcement approaches to reduce regulatory burden. This is imperative for regulators and insolvency practitioners in preparedness for current and emerging harms to vulnerable consumers, and the anticipated increased number of insolvencies following the removal of interim government measures. This article presents the first post-reform review of the application of enforcement tools in the discipline of insolvency practitioners from a study of publicly available information. It identifies significant gaps and inconsistencies in the reporting of enforcement statistics, as well as elements of good practice and innovative regulatory approaches. It concludes that improved collaboration and strengths-based regulation, and transparency in enforcement action, should be the “new normal” in insolvency practitioner regulation. Timely provision of outputs and outcomes by regulators is necessary to glean important lessons from the regulatory responses during this time of crisis.
dc.language	en
dc.publisher	Thomson Reuters (Professional)
dc.relation.ispartof	Insolvency Law Journal
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	1501 Accounting, Auditing and Accountability, 1801 Law
dc.title	Regulation of Insolvency Practitioners in a Pandemic
dc.type	Journal Article
utslib.citation.volume	28
utslib.for	1501 Accounting, Auditing and Accountability
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	true
dc.date.updated	2021-10-27T21:07:12Z
pubs.issue	4
pubs.publication-status	Published
pubs.volume	28
utslib.citation.issue	4

Abstract:

The COVID-19 pandemic has demanded greater attention be paid to the regulatory agenda and recalibration in enforcement approaches to reduce regulatory burden. This is imperative for regulators and insolvency practitioners in preparedness for current and emerging harms to vulnerable consumers, and the anticipated increased number of insolvencies following the removal of interim government measures. This article presents the first post-reform review of the application of enforcement tools in the discipline of insolvency practitioners from a study of publicly available information. It identifies significant gaps and inconsistencies in the reporting of enforcement statistics, as well as elements of good practice and innovative regulatory approaches. It concludes that improved collaboration and strengths-based regulation, and transparency in enforcement action, should be the “new normal” in insolvency practitioner regulation. Timely provision of outputs and outcomes by regulators is necessary to glean important lessons from the regulatory responses during this time of crisis.

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http://hdl.handle.net/10453/151232