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The duty imposed on company directors under Australian law to not have the company of which they are a director trade while it is insolvent is controversial. The recent introduction of a safe harbour for directors' personal liability for breach of the duty to prevent insolvent trading highlights...
Persistent link: https://www.econbiz.de/10012859034
This article compares reforms to directors' liability for insolvent trading in Singapore and in Australia. The authors analyse the law in these two countries because they are important Asia-Pacific trading partners and their laws were originally largely the same – Singapore's law on insolvent...
Persistent link: https://www.econbiz.de/10012844974
While the majority of those who declare bankruptcy do so voluntarily, a significant proportion are forced into … bankruptcy as a result of legal action. This paper interrogates data obtained from the Australian Financial Security Authority to … venture or a managerial or professional occupation – meaning that they are more likely to resist bankruptcy until they are …
Persistent link: https://www.econbiz.de/10012890999
This article presents the results of the first empirical study focused on older Australians in bankruptcy. Our study … — based on the examination of a large and unique dataset obtained by the authors from the bankruptcy regulator — provides a … most significant causes of bankruptcy for older Australians as well as some possible explanations for their financial …
Persistent link: https://www.econbiz.de/10012897411
In May 2015 the Productivity Commission released its Draft Report ‘Business Set-up, Transfer and Closure'. This research note does not deal with the broad range of issues touched on by the Productivity Commission. Instead, it concentrates on those matters relating to corporate insolvency and...
Persistent link: https://www.econbiz.de/10012977965
Bankruptcy has always been a source of significant stigma. The first Elizabethan statutes regarded bankruptcy as a … recognised that bankruptcy serves important economic objectives, by encouraging entrepreneurial risk-taking and offering …. The early laws of the Australian colonies took a similarly pragmatic approach, and the current federal Bankruptcy Act 1966 …
Persistent link: https://www.econbiz.de/10013002755
Bankruptcy is widely regarded as a means of rehabilitation for debtors in severe financial hardship. To date, however … demonstrate that, for many Australian debtors, bankruptcy results in genuine improvements to financial stability, health …, relationships and general well-being. At the same time, they suggest that the outcomes of bankruptcy can vary significantly …
Persistent link: https://www.econbiz.de/10012955926
This paper examines recent trends in Australian personal bankruptcy by analysing a large data set obtained from the … regulator, the Australian Financial Security Authority. It demonstrates a marked decline in Australian bankruptcy rates, since a … to consumer spending. These findings represent a significant contribution to Australian empirical bankruptcy research …
Persistent link: https://www.econbiz.de/10012959759
Under the Bankruptcy Act 1966 (CTH), there are three regulated forms of personal insolvency: bankruptcy, debt …
Persistent link: https://www.econbiz.de/10012991433
Recent scholarship has identified a shift in the demographic profile of Australians declaring bankruptcy. In the … context of a marked increase in overall rates of personal insolvency, bankruptcy has become increasingly prevalent among …. The results demonstrate that, for many such people, bankruptcy offers tangible benefits, including relief from debtor …
Persistent link: https://www.econbiz.de/10012993141