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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Keay's Insolvency: Personal and Corporate Law and Practice 11th ed isbn 9780455501994

Keay's Insolvency: Personal and Corporate Law and Practice 10th ed


ISBN13: 9780455239811
New Edition ISBN: 9780455501994
Previous Edition ISBN: 9780455236919
Published: June 2018
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print



Keay’s Insolvency has become a recognised text on personal and corporate insolvency law and practice in Australia, and it is widely used by practitioners and regularly cited in court.

It offers both a detailed explanation of the law, supported by case law and commentary, and of insolvency practice, along with the authors’ critical analysis of the effectiveness and efficiency of the regime and views on its need for reform.

There has been considerable developments since the 9th edition with Insolvency Law Reform Act 2016 (Cth), (ILRA) which fully commenced on 1 September 2017 along with recent amendments made to the Corporations Act brought in by  the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), which introduces a new safe harbour for directors against insolvent trading for good faith restructuring efforts. This is aimed at assisting companies to restructure and avoid formal insolvency proceedings. The amendments also include protection against ipso facto clauses for creditors’ schemes, receivership and voluntary administration, which is aimed at facilitating restructuring using formal mechanisms. 

The 10th edition will continue to report and explain the latest in case law development, throughout issues including bankruptcy and winding up processes, voidable transactions, schemes and administrations, and other core insolvency law.  There have been a number of significant cases at the appellate level since the 9th edition.

Subjects:
Insolvency Law, Other Jurisdictions , Australia
Contents:
1. Introduction to Insolvency
2. Introduction to Bankruptcy
3. Going Bankrupt – Voluntary and Compulsory Bankruptcy
4. The Impact of Bankruptcy
5. The Recovery of Assets for Creditors
6. The Administration of the Bankruptcy
7. The End of a Bankruptcy and Beyond
8. Personal Insolvency Agreements
9. Debt Agreements
10. Introduction to Liquidation and Its Administration
11. Voluntary and Compulsory Winding Up
12. Provisional Liquidation
13. The Effects of Winding Up
14. Assets Available to the Liquidator
15. The Administration of the Winding Up
16. Criminal Offences and Civil Actions Against Company Directors
17. Termination of the Winding Up: Deregistration and Reinstatement
18. Receivership
19. Voluntary Administration
20. Deeds of Company Arrangement and Schemes of Arrangement
21. An Appraisal of Insolvency and Ideas for Reform