Section 447A of the Corporations Act 2001 (Cth) provides the court with a unique power that allows it to mould the voluntary administration process to suit the needs of individual companies. The enactment of a federal ...

Commercial activities of corporate groups - tensions with traditional notions of corporate law and the concept of separate legal identity - issues in forthcoming High Court appeal - use of corporate treasury companies and ...

The Global Financial Crisis has shone a bright light on the efficacy and scope of Australia¿s corporate and financial regulatory system. The past year has seen several significant changes introduced, many of which have ...

The global financial crisis (GFC) has focused the world¿s attention on the nature and processes of bankruptcy law. The fallout from the GFC and changing credit conditions has caused many businesses to experience financial ...

This article examines the scope of the principle in Smith, Stone and Knight that the corporate veil may be lifted on the basis of an implied agency between group companies. It argues that, on a proper assessment of ...

Personal liability of company directors - need to harmonise state and federal laws - disclosure practices and requirements under s 1041H of the Corporations Act - distinguishing direct and indirect liability - due diligence ...

The conventional view of corporate regulation is that corporations are to be managed for the benefit of their shareholders. The general law and statutory duties of directors and officers reflect this "shareholder primacy ...

The judicial uncertainty on the interpretation and reach of s 563A of the Corporations Act, dealing with debt priority issues, has now been resolved by the High Court in the landmark decision Sons of Gwalia Ltd v Margaretic. ...