The conundrum of phoenix activity in Australia: Is further reform necessary?

Matthew, Anne F. (2015) The conundrum of phoenix activity in Australia: Is further reform necessary? In Corporate Law Teachers Association (CLTA) Conference, 2 February 2015, Melbourne Law School, Melbourne, Vic. (Unpublished)

Abstract

Corporate phoenixing activity is estimated to cost the Australian economy $1-3 billion dollars annually. Significant questions arise as to whether existing legal frameworks are adequate to deal with phoenix activity, and whether further reform is necessary. Bills proposing reform appear to be languishing amid doubts as to their potential effectiveness. This paper will examine the conundrum presented by phoenix activity, the importance of further reform and the impact of the lack of a statutory definition of ‘phoenix activity’ on a regulatory environment that not only uses the term, but punishes offenders accused of it.

Impact and interest:

2 citations in Web of Science®
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ID Code: 90003
Item Type: Conference Item (Presentation)
Refereed: Yes
Keywords: phoenix, phoenix activity, phoenixing, insolvency, MSME, SME, corporate insolvency, corporate law, company law, company insolvency, regulation, regulator, strategic insolvency, ASIC, ATO, corporate governance
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Corporations and Associations Law (180109)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 The Author
Deposited On: 06 Nov 2015 00:24
Last Modified: 07 Nov 2015 15:01

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