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Cross-Border Insolvency Law in Australia

Cross-Border Insolvency Law in Australia

Author: S Gopalan; M Guihot
Publisher: LexisNexis Australia
ISBN: 9780409340297
Published In: July 2015
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 985.23

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Description
Contents

Details

Cross-Border Insolvency Law in Australia engages with several current multi-billion dollar insolvencies such as those of Nortel Networks and Lehman Brothers to provide the reader with state of the art knowledge of the complex problems posed by transnational insolvency.

As the number of transnational insolvencies grows due to prevailing economic conditions, practitioners are increasingly required to navigate the mass of legal rules applicable to cross-border insolvency situations. The associated challenges are heightened by the diversity of legal structures employed by modern business entities and a patchwork of costly, inefficient, and unpredictable national legal rules. The response has been a proliferation of international legal instruments such as the UNCITRAL Model Law, supra-national rules such as the EU Insolvency Regulation, and judicial practice, adding further layers of complexity.

Writing from an Australian perspective, the authors analyse this network of legal rules and subsequent case law. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform. Comparative case law from jurisdictions such as the United States and United Kingdom is also included.

This book is highly relevant to insolvency practitioners faced with the recovery of assets transnationally, transactional lawyers for whom knowledge of potential insolvency pitfalls is essential, and academics. It is invaluable for students at both undergraduate and postgraduate level seeking a sound understanding of this challenging area of law.

Features

Provides a concise theoretical account of international insolvency to develop clear understanding of the concepts underpinning the cross-border insolvency practice
Includes a comparative overview of key international developments and case law
Highlights key trends in practice to ensure practitioners remain current
Offers innovative arguments and approaches to this complex area of law

Chapter 1. Principles Underpinning International Insolvency Law

Chapter 2. Jurisdiction in International Insolvency Law

Chapter 3. Comity, the Common Law and Legislation

Chapter 4. UNCITRAL Model Law and the Cross-Border Insolvency Act 2008

Chapter 5. Enterprise Groups

Chapter 6. Recognition and Enforcement

Chapter 7. Discharge of Debts

Chapter 8. Comparative Observations on the United States and Europe