Insolvent trading

Morrison, David Scott (2001). Insolvent trading PhD Thesis, T.C. Beirne School of Law, The University of Queensland. doi:10.14264/uql.2014.552

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Author Morrison, David Scott
Thesis Title Insolvent trading
School, Centre or Institute T.C. Beirne School of Law
Institution The University of Queensland
DOI 10.14264/uql.2014.552
Publication date 2001
Thesis type PhD Thesis
Supervisor Keith Fletcher
Total pages 384
Language eng
Subjects L
390105 Corporations and Associations Law
780199 Other
Formatted abstract
This thesis pursues three basic objectives: first to demonstrate the historical development of the Australian Corporations Law insolvent trading prohibition as a function of legal change with reference to societal factors that have resulted in a movement towards increased creditor protection; second to outline the associated legal problems with the drafting of the legislation and the consideration of key terminology and associated provisions; and third to critically assess the operation of the insolvent trading prohibition suggesting insight offered by the Contractualist viewpoint of corporate law theory.

Accordingly, the thesis develops by a consideration of the following parts: first by examining the operation of the insolvent trading prohibition to provide the historical context and to demonstrate the factors resulting in a provision that gives increased creditor protection (Part I); second to examine the scope of the prohibition and its weaknesses within the context of both the wording and the operation of the insolvent trading prohibition (Part II); and third to make a critical evaluation of the prohibition from the Contractualist viewpoint (Part III).
Keyword Bankruptcy -- Law and legislation -- Australia
Debtor and creditor -- Australia
Corporation law -- Australia
Business failures -- Law and legislation -- Australia

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Created: Fri, 24 Aug 2007, 17:42:52 EST