The Australian corporate rescue provisions : how do they compare?

Anderson, Colin & Morrison, David (2013) The Australian corporate rescue provisions : how do they compare? In Omar, Paul (Ed.) International Insolvency Law : Reforms and Challenges. Ashgate Publishing, London, pp. 159-188.

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A notable feature of corporate legislative development in western countries for the past 30 years is the various mechanisms introduced to facilitate the survival of company structures facing insolvency. Australia’s corporate rescue version, called a “voluntary administration”, is now contained in Part 5.3A of the Corporations Act 2001 (Cth), although first introduced in 1993. The Australian provisions apply to all corporate entities and commence with a short moratorium followed by a meeting of creditors. At the creditors’ meeting a “rescue” plan called a deed of company arrangement may be entered into, or, alternatively the company may be liquidated. The voluntary administration provisions have become a significant part of Australia’s corporate insolvency landscape and are critical to the operation of corporate law outside of insolvency. Australia does not have a specialist bankruptcy court, rather it utilises the English approach where insolvency practitioners are accountants and appointed to the insolvent company as administrators. In Australia, insolvency practitioners must be registered with the Australian Securities and Investments Commission (“ASIC”), the corporate and securities regulator. A voluntary administration is usually commenced by the board of directors appointing an insolvency practitioner to the company. There exists no opportunity for a voluntary administration to commence at the creditors’ or court’s behest.

This chapter seeks to address the comparative necessity of Australia’s corporate regime.

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ID Code: 63622
Item Type: Book Chapter
Keywords: Insolvency, Corporate rescue
ISBN: 9780754674825
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Wildy & Sons Ltd.
Deposited On: 22 Oct 2013 23:06
Last Modified: 23 Oct 2015 19:48

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