Insolvency Law Journal update: Vol 27 Pt 3
The latest Part of the Journal includes the following articles: “The ACCC’s Pursuit of Corporate Respondents in the VET Sector Operating under External Administration” – Mary Wyburn; “Rescuing the Rescue Culture? Australian Corporate Restructuring After the Safe Harbour and Ipso Facto Reforms” – Corey Byrne; “Insolvent Trading in Australia: A Study of Court Judgments from 2004 to 2017” – Stacey Steele and Ian Ramsay; and the following sections: Editorial – Dr David Morrison; Recent Developments: “The Insolvent Trustee”; “The Use of the Trust” – David Morrison; “Amerind – The Aftermath: Questions and Practical Difficulties Remaining” – Garry Hamilton; and Report from New Zealand: “Insolvent Transactions Back before the Supreme Court: Robt Jones Holdings Ltd v McCullagh” – Lynne Taylor.
Journal of Banking and Finance Law and Practice Update: Special Issue (Part 2) – December 2016
This latest edition of the Journal of Banking and Finance Law and Practice (JBFLP) is the second and final part of a Special Issue focusing on “Finance Law: Global and Regional Challenges”, and is produced in collaboration with the BFSLA Academic Committee. This Part includes the following articles: “Reviewing the Citibank securitisation case: Did it really challenge the integrity of equity?” – Helen M Dervan; “Reforming insolvent trading to encourage restructuring: Safe harbour or sleepy hollows?” – Jason Harris; “Minimising the risk of shadow directorship: Advice for distressed debt investors” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Wealth Management; Hong Kong and China; New Zealand; and Singapore and Southeast Asia.
Company and Securities Law Journal update: October 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.
Insolvency Law Journal update: March 2012
The first Part of Volume 20 of the Insolvency Law Journal includes articles on tenants’ moratoria under the Corporations Act and relief against forfeiture; an update on trends in personal insolvency in Australia; and duty for directors to avoid insolvent trading in Singapore. There is also a Recent developments section, a book review and a Report from New Zealand.
Company and Securities Law Journal update: February 2012
The February 2012 issue of C&SLJ includes articles on the avenues available to directors to protect themselves from liability for insolvent trading and the role and utility of opinions rendered by independent financial advisers for public takeovers in Singapore. The Company law section includes an empirical study of company securities trading policies. The Corporate finance section has Pt 2 of Omar Salah’s examination of the legal infrastructure of sukuk structures. Finally, the Hong Kong, Singapore and Malaysia section discusses insider dealing in Hong Kong.
Company and Securities Law Journal update: June 2011
The June 2011 issue of the Company and Securities Law Journal includes content on a range of topics, including the need to change the Australian framework for insolvent trading and directors’ fear of personal liability for the conduct of a corporation. There is also a section on Corporate Finance and a note from New Zealand.
Insolvent trading defences after Hall v Poolman
By Patrick J Lewis. The decision in Hall v Poolman examined liability for decisions made in times of financial hardship. In the wake of the global financial crisis, directors and executives have to meet numerous challenges which were not present when the insolvent trading provisions were last the subject of debate.
Director’s liability for insolvent trading, statutory forgiveness and law reform
By Associate Professor Anil Hargovan The recent decision by the Federal Court in McLellan, in the matter of The Stake Man Pty Ltd v Carroll [2009] FCA 1415 (hereinafter Stake Man) excused a director from liability for insolvent trading based on statutory considerations concerning, inter alia, honesty and fairness under the Corporations Act 2001 (Cth).
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