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The Australian insolvent trading prohibition—why does it exist?

✍ Scribed by David Morrison


Publisher
John Wiley and Sons
Year
2002
Tongue
English
Weight
191 KB
Volume
11
Category
Article
ISSN
1180-0518

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✦ Synopsis


The author thanks Professor I. F. Fletcher for his insightful comments on an earlier draft, as well as the referees and Dr Keith Fletcher, Reader, TC Beirne School of Law. All errors and omissions are entirely attributable to the author. 1. [1897] AC 22. 2. Commencing with the Report of the Company Law Amendment Committee, Cd 3052, London, HMSO, February 1905, (Loreburn Committee Report). 3. The Cooney Committee Report, (Senate Standing Committee on Legal and Constitutional Affairs, Company Directors'Duties; Report on the Social and Fiduciary Duties and Obligations of Company Directors, November 1989, AGPS), also considered the operation of the general fiduciary duties of directors in the context of the operation of s556.


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✍ David Morrison 📂 Article 📅 2003 🏛 John Wiley and Sons 🌐 English ⚖ 186 KB

This paper 1 is the second of two considering the reason and necessity for the Australian insolvent trading prohibition. Recall that the Harmer Committee Report 2 raised notions of (i) fairness, (ii) ''e¡ective regulations'' and an ''ordered legal process'' ; and (iii) a practical and convenient sup