Insolvent Investments

A valuable work providing practical guidance on complex questions of insolvency law by knowledgeable and experienced practitioners.

First published in the ARITA Australian Insolvency Journal Volume 27 No 4, December 2015

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ISBN/ISSN: 9780409340167
Release Date: July 01, 2015
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AUD$ 197.00
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ISBN/ISSN: 9780409340174
Release Date: July 01, 2015
AUD$ 197.00
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Product description

Insolvent Investments identifies and explains significant problems that arise in the insolvency of collective investment vehicles in Australia, paying particular attention to matters concerning managed investment schemes regulated by the Corporations Act 2001.

In a series of twelve chapters, 25 eminently qualified lawyers identify issues that arise when investment vehicles experience financial trouble and explain how those issues impact on company officers, lenders, trade creditors, investors and insolvency practitioners.

The authors, drawn from the ranks of the bench, the bar and leading law firms, explain the often-uncertain law in a clear and logical fashion, providing readers with practical insight drawn from their recent experiences dealing with large and notorious collapsed investment schemes.

The book has particular relevance to collective investments, but also represents the most recent learning on important aspects of corporate insolvency law generally. It will be a valuable tool for anybody who provides advice in the investment, financial services and insolvency industries, and for all practitioners and students of insolvency law.


  • Written by highly qualified, experienced and prominent practitioners
  • Combines practical insight with thorough research
  • Comprehensive but clear and accessible

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Table of contents

Chapter 1 Introduction

Chapter 2 How have managed investment schemes coped with the challenges of insolvency

Chapter 3 Duties of Directors of managed Investment Schemes

Chapter 4 Advising the Directors and management of an Entity in Financial Crisis

Chapter 5 Can managed Investment Schemes be Restructured in the Context of Insolvency?

Chapter 6 Role of the Courts in Restructuring Managed Investment Schemes

Chapter 7 Winding up Managed Investment schemes – Conceptual and Practical Difficulties

Chapter 8 The competition for assets in insolvent investment vehicles

Chapter 9 Rights of Investors in failed or insolvent managed investment schemes

Chapter 10 Class Actions in a Managed Investment Scheme Context

Chapter 11 Disclaimer and Related Issues

Chapter 12 Directions Applications and the Rights of Third Parties

Chapter 13 Practitioner remuneration, costs and security