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Reporters: Maria O’Brien and Timothy Sackar
Index
A. INTRODUCTION TO AUSTRALIAN INSOLVENCY LAW REGIME
i. Introduction
a. Sources of Australian insolvency law
b. Jurisdiction of the courts
c. Practice and procedure in the courts
d. Role of the court in the insolvency processes
ii. Features and regulation of Australian companies
a. Features of Australian companies
b. Australian Securities and Investments Commission
iii. Asset security in Australia
iv. Directors' duties
a. Duties of directors of distressed entities
b. Duty to prevent insolvency trading
c. "Safe harbour" reform
d. Duties of directors and officers of companies in external administration
v. Formal insolvency processes applicable to corporate debtors
a. Liquidation or winding up
I. RANKING OF CREDITOR CLAIMS IN LIQUIDATION
II. AVOIDANCE, PREFERENCE AND CLAWBACK RULES IN LIQUIDATION
b. Receivership
vi. Restructuring options
a. Informal workouts
b. Formal restructuring options
c. Why choose a deed of company arrangement or a creditors' scheme of arrangement?
vii. Employees
viii. Corporate groups
ix. Regulation of insolvency and insolvency practitioners
x. Specific issues in relation to listed companies
B. VOLUNTARY ADMINISTRATION
i. Introduction
ii. Appointment of a voluntary administrator
iii. Statutory moratorium and stay
iv. Powers of a voluntary administrator
v. Duties of a voluntary administrator
vi. Proposing a deed of company arrangement
vii. Creditor supervision
viii. Ranking of creditor claims in voluntary administration and deed of company of arrangement
ix. Termination of a deed of company arrangement
x. Expenses and remuneration of a voluntary administrator
C. SCHEMES OF ARRANGEMENT
i. Introduction
ii. The creditors' scheme of arrangement procedure
iii. Creditors' scheme of arragenemtn documentation
iv. Creditor supervision
v. Ranking of creditor claims in a creditors' scheme of arrangement
vi. Implementation of a creditors' scheme of arrangement
D. RECOGNITION OF FOREIGN INSOLVENCY PROCEDURES IN AUSTRALIA
i. Introduction
ii. Adoption of UNCITRAL Model Law on Cross-Border Insolvency
a. Recognition and relief
b. Relevant decisions
iii. Section 581 of the Corporations Act
a. Effect of recognition under section 581
iv. Section 601CL – Ancillary liquidation of a foreign registered company
v. Co-operation between courts
vi. Adoption of protocols
APPENDIX OF LEGISLATION REFERRED TO