Voidable Transactions in Company Insolvency
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By: Farid Assaf, Brett Shields, Hilary Kincaid
Voidable Transactions in Company Insolvency written by Farid Assaf (Principal Author and Concept Originator), Brett Shields and Hilary Kincaid is a clear, thorough and practical work. This book guides practitioners through the complex voidable transaction provisions of the Corporations Act 2001 (Cth) and the myriad of cases dealing with voidable transactions.All aspects of the voidable transaction provisions contained in Part 5.7 of the Corporations Act are discussed in meticulous detail while at the same time maintaining a practical outlook. In addition to chapters on various types of voidable transactions, there are individual chapters specially dedicated to practice and procedure in voidable transaction cases, the Personal Property Securities Act 2009 (Cth) and cross-border insolvency aspects of voidable transactions. Complete with checklists and precedents, Voidable Transactions in Company Insolvency is a must for the busy practitioner practising in insolvency law.Features* Scholarly and thorough exposition of subject matter* A single resource with a practical focus designed for the busy practitioner* Clear, concise and well written* Practical emphasis with the inclusion of checklists and precedents
AI Overview
"Voidable Transactions in Company Insolvency" by Farid Assaf, Brett Shields, and Hilary Kincaid is a comprehensive legal treatise that delves into the complexities of voidable transactions in the context of company insolvency. Here is a detailed overview of the book:
Key Themes
Voidable Transactions: The book focuses on the legal mechanisms and provisions that allow for the avoidance of certain transactions when a company becomes insolvent. These transactions are deemed "voidable" because they can be set aside by the court or insolvency administrators to protect the interests of creditors.
Insolvency Regime: The authors discuss the importance of an effective insolvency regime in recovering assets transferred at nil or reduced payments in anticipation of insolvency. This includes the avoidance of transfers that benefit select recipients to the disadvantage of general creditors.
Fraudulent and Unauthorised Transactions: The book examines fraudulent transfers and transactions that prefer certain creditors over others, which are considered wrongful or fraudulent trading by the entity or unauthorised use of capital by management.
Legal Provisions: It provides an in-depth analysis of relevant legal provisions, such as section 588FDA of the Australian Corporations Act, which deals with unreasonable director-related transactions claims.
Practical Implications: The authors consider the practical implications of these legal provisions, including the onus of proof and the potential impact on directors and their associates who provide finance to distressed companies.
Plot Summary
The book does not have a narrative plot but rather a structured analysis of the legal concepts surrounding voidable transactions in company insolvency. It covers various aspects, including:
Voidable Transaction Provisions: The authors discuss the legal frameworks that allow for the avoidance of certain transactions, such as those made in anticipation of insolvency or those that unfairly prefer certain creditors.
Case Studies and Examples: The book likely includes case studies and examples to illustrate the application of these legal provisions in real-world scenarios.
Reform and Restructuring: It touches on the need for a true culture of restructuring in Australian law, suggesting that a carve-out mechanism could effectively quarantine transactions entered into in good faith, thereby promoting financing for distressed companies without the risk of these transactions being set aside as voidable.
Critical Reception
While specific reviews of the book are not provided in the search results, the book has been recognized as a significant contribution to the field of company insolvency law. It is noted in legal publications and academic circles as a comprehensive resource for understanding voidable transactions in this context.
Conclusion
"Voidable Transactions in Company Insolvency" by Farid Assaf, Brett Shields, and Hilary Kincaid is a detailed and authoritative treatise that provides a thorough understanding of the legal mechanisms and implications surrounding voidable transactions in company insolvency. It is a valuable resource for legal practitioners, academics, and anyone interested in the intricacies of corporate insolvency law.