In 2014, a group of researchers at Melbourne Law School commenced a major empirical research project, focussing on Australia's personal insolvency laws and their practical impact on people in financial distress. As part of the project, in early 2015, the research team conducted a national online...

Financial hardship has been recognised as a growing problem that affects a broad cross-section of Australian consumers. The federal and state governments have sought to respond to this problem by establishing legal frameworks that provide consumer credit, essential services and...

Bankruptcy is widely regarded as a means of rehabilitation for debtors in severe financial hardship. To date, however, there have been few attempts to study its long term impact on individuals' finances, health, social relationships and general quality of life. The authors address this gap in...

This paper examines recent trends in Australian personal bankruptcy by analysing a large data set obtained from the regulator, the Australian Financial Security Authority. It demonstrates a marked decline in Australian bankruptcy rates, since a peak in 2009, and a consistent rise in levels of...

This study is the first empirically based analysis of business bankruptcy to be conducted in Australia. It aims to identify key differences between debtors who declare business bankruptcy and those who declare non-business or “personal” bankruptcy, and to explore the extent to which there...

Consumers in Australia and other developed countries are increasingly required to interact with providers of complex financial products and services, and to estimate, mitigate or absorb the risks that flow from their financial decisions. A range of debt-related problems in Australia have been...

While the majority of those who declare bankruptcy do so voluntarily, a significant proportion are forced into bankruptcy as a result of legal action. This paper interrogates data obtained from the Australian Financial Security Authority to explore the attributes of debtors who go bankrupt...

Legal protections are in place to allow Australians in financial hardship to avoid negative credit ratings and bankruptcy by negotiating alternative payment arrangements with creditors. This article draws upon focus groups with consumer advocates to investigate whether these protections are...

This article presents the results of the first empirical study focused on older Australians in bankruptcy. Our study — based on the examination of a large and unique dataset obtained by the authors from the bankruptcy regulator — provides a valuable insight into the severe financial...

This article outlines the findings of Australia's first large-scale study on the experiences of people who have recently been unable to pay a debt when it fell due. The study builds upon empirical research on the causes and impacts of financial hardship in the United Kingdom and the United...