*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF at the bottom of this post.<\/p>\n
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The latest issue of the Insolvency Law Journal<\/em> (Volume 30 Part 4) contains the following material:<\/p>\n EDITORIAL<\/a> \u2013 Editor: Dr David Morrison <\/em><\/p>\n Directors\u2019 Duties on the Precipice of Insolvency: The Sequana Decision <\/strong><\/em><\/a>\u2013 Dan Butler KC<\/p>\n Some companies may \u201cteeter\u201d on the precipice of insolvency from time to time, unable to pay their debts. The question of the duties, if any, owed by directors to consider the interests of creditors in those circumstances is fundamental to company and insolvency law. While judicial and academic debate has raged for decades, the search for consistency and clarity in this area of the law has proved elusive. In BTI 2014 LLC v Sequana SA <\/em>(Sequana) the United Kingdom Supreme Court had to confront these important issues. The decision has been described as \u201cmomentous\u201d. This article considers the decision in Sequana and its practical implications in Australia.<\/p>\n Examining Corporate Insolvency from Efficiency and Welfare Perspectives: An Economic Analysis of the CIRP Mechanism <\/strong><\/em><\/a>\u2013 Dr Hiteshkumar Thakkar and Mr Pranay Agarwal<\/p>\n It has been seven years since the Corporate Insolvency Resolution Process (CIRP) was introduced in the legislative setup of India which was then taking steps towards creating an innovative legislative regime to deal with corporate insolvency. However, there is still a dearth of studies analysing the efficacy of the mechanism with respect to the practical implementation on ground level. Through this study, the author aims at developing a comprehensive economic model to analyse the efficiency of the process. The model will be utilising simple economic theories and tools to explain the efficiency of the CIRP both from a production perspective and a welfare perspective. Moreover, the suggestions given in the article can help mitigate the inefficient outcomes due to the existing laws and behaviour of creditors.<\/p>\n RECENT DEVELOPMENTS \u2013 Editor: Dr David Morrison<\/em><\/p>\n NEW ZEALAND REPORT \u2013 Section editor: Professor Lynne Taylor<\/em><\/p>\n BOOK REVIEW \u2013 Editor: Dr David Morrison<\/em><\/p>\n For the PDF version of the table of contents, click here: New Westlaw Australia – Insolv LJ Vol 30 No 4 Contents<\/a> or here: Checkpoint – Insolv LJ Vol 30 No 4 Contents<\/a>.<\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\nArticles<\/h3>\n
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