Trading whilst insolvent: a case for individual creditor rights against directors

Dabner, Justin (1994) Trading whilst insolvent: a case for individual creditor rights against directors. University of New South Wales Law Journal, 17 (2). pp. 546-576.

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Abstract

Section 592 of the Corporations Law is replaced with an insolvent trading provision and the enactment of special provisions dealing with holding company liability for the debts of insolvent subsidiaries. The limitation of this legislation is that, whilst it is criticized for imposing heavy burdens on directors, the legislation in fact deprives creditors of their pre-existing unfettered personal cause of action.

Item ID: 33536
Item Type: Article (Refereed Research - C1)
ISSN: 1839-2881
Date Deposited: 01 Dec 2017 01:16
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 100%
SEO Codes: 97 EXPANDING KNOWLEDGE > 970118 Expanding Knowledge in Law and Legal Studies @ 100%
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