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

Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.

This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.

STATUTORY DEMANDS AND WINDING UP IN INSOLVENCY is a practical reference text examining the formal requirements for a Statutory Demand under Part 5.4 Division 2 of the Corporations Act, 2001, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. It also contains a comprehensive treatment of winding up in corporate insolvency. Statutory Demands have in themselves generated an increasing amount of litigation due to either flaws in the preparation of the Demand, which in many cases causes them to fail and be set-aside by the Court. There are various other reasons as to why a court may set-aside a Statutory Demand with is addressed by Farid Assaf in Statutory Demands and Winding Up in Insolvency. The text examines the formal requirements for a Statutory Demand, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. STATUTORY DEMANDS AND WINDING UP IN INSOLVENCY is the 2nd edition to Farid Assaf's STATUTORY DEMANDS: LAW AND PRACTICE published in 2008. Since the first edition of this book Australian courts have handed down more than 300 cases in relation to statutory demand including 2 High Court of Australia cases. In addition more than 100 cases on winding up and insolvency have been before the courts.

This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

This book examines powers and remedies available to a liquidator or administrator that render 'vulnerable' the company's prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process,the book does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action, many of which have not yet been fully explored in the case law or academic literature. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis will also make it of interest to an academic readership.