Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context
Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context is a valuable reference for legal practitioner, company directors and law students undertaking specialised corporate law courses
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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.
- Comprehensive coverage of current and historical insolvent trading and fraudulent trading laws
- Up-to-date commentary on case law and legislative reform
Austin & Ramsay, Company Directors: Principles of Law and Corporate Governance, 2nd ed, 2016
Gooley, Zammit, Dicker & Russell, Corporations and Associations Law: Principles and Issues, 6th ed, 2015
Harris, Company Law: Theories, Principles and Applications, 2nd ed, 2015
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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