ABSTRACT

This article examines whether the increase in insolvency regulation is adequate to deter insolvency practitioners from using their discretion to charge excessive fees. To understand how insolvency regulation has developed the article will commence with a review of the historical origins of insolvency work and how it became associated with opportunistic behaviour. Next, the insolvency practitioner will be examined along with the recognised professional regulators to examine how their practices have helped to shape insolvency law. IP discretion and their decision making will then be considered to demonstrate how opportunism has continued to exist in administration, before the measures that have been taken over the last twenty years to address some of these issues are explored. The Australian regulatory system will then be reviewed as a comparison to the UK, before finally recommendations are made to the effect that insolvency practitioners should be further monitored in the use of their discretion.

摘要

本文研究了破产监管的增加是否足以阻止破产从业人员使用其酌处权收取超额费用。为了理解破产监管的发展方式，本文将从审查破产工作的历史渊源及其与机会主义行为的关系开始。接下来，将对破产从业者与公认的专业监管机构进行审查，以研究其实践如何帮助制定了破产法。然后，在探讨过去二十年来为解决其中一些问题而采取的措施之前，将考虑知识产权的自由裁量权及其决策，以证明行政管理中机会主义的继续存在。