Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context

Law

Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context

Edited by J Gooley · M Gooley
LexisNexis Australia September 2016

Specifications

ISBN-13
9780409343915
Publisher
LexisNexis Australia
Publication
September 2016
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context extensively examines the regulation of insolvent trading and fraudulent trading in both an historical and contemporary light, including discussion in the context of:

  • Judicial analysis
  • Historical developments
  • Contemporary theory
  • Legislative reform
  • International jurisdictions
  • The corporate environment
  • Regulatory provisions of incorporated non-profit associations and co-operatives
Additionally, this text provides up-to-date commentary on a number of aspects of the reforms to the Corporations Act 2001 which have been brought about by the introduction of the Insolvency Law Reform Act 2016 (Cth). The reforms will pose significant implications on the law of personal liability of individual directors in insolvent trading cases.

Written by authoritative and respected authors, Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context is a valuable resource for legal practitioners, company directors, and law students undertaking specialised corporate law courses in company administration.

Table of Contents

Part 1 – Introduction
Chapter 1 - Introduction to the Regulation of Insolvent Trading and Fraudulent Trading – An Overview
Chapter 2 – The Company as a Separate Legal Entity and the Concept of Limited Liability
Chapter 3 – Duties of Directors

Part 2 – Insolvent Trading
Chapter 4 – The History of the Regulation of Insolvent Trading in Australia
Chapter 5 – The obligation to prevent a company incurring a debt in the circumstances set out in s 588G
Chapter 6 – Defences available to directors for Insolvent Trading
Chapter 7 – Liability of a Holding company for the Insolvent Trading of a subsidiary
Chapter 8 – Recovery of compensation in consequence of insolvent trading
Chapter 9 – Insolvent Trading regulation of entities other than companies
Chapter 10 – Reform of Insolvent Trading laws
Chapter 11 – Regulation of Insolvent Trading in Overseas Jurisdictions

Part 3 – Fraudulent Trading
Chapter 12 – Introduction to Fraudulent Trading
Chapter 13 – The Historical Origins of Fraudulent Trading Regulation
Chapter 14 – The British Judiciary’s approach to Fraudulent Trading
Chapter 15 – History of Fraudulent Trading regulation in Australia
Chapter 16 – The current regulation of Fraudulent Trading in Australia
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