Statutory Demands and Winding Up in Insolvency

Statutory Demands and Winding Up in Insolvency PDF Author: Farid Assaf
Publisher: Butterworth-Heinemann
ISBN: 9780409331547
Category : Bankruptcy
Languages : en
Pages : 617

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Book Description
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.

Statutory Demands and Winding Up in Insolvency

Statutory Demands and Winding Up in Insolvency PDF Author: Farid Assaf
Publisher: Butterworth-Heinemann
ISBN: 9780409331547
Category : Bankruptcy
Languages : en
Pages : 617

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Book Description
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.

Statutory Demands

Statutory Demands PDF Author: Farid Assaf
Publisher: Butterworth-Heinemann
ISBN: 9780409324198
Category : Bankruptcy
Languages : en
Pages : 0

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Book Description
"This work examines 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 contains checklists, court forms and rules."--Provided by publisher.

Insolvency Law Made Clear

Insolvency Law Made Clear PDF Author: Daniel Kessler
Publisher:
ISBN: 9781916302341
Category : Bankruptcy
Languages : en
Pages : 0

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Book Description


Executory Contracts in Insolvency Law

Executory Contracts in Insolvency Law PDF Author: Jason Chuah
Publisher: Edward Elgar Publishing
ISBN: 178811552X
Category : Bankruptcy
Languages : en
Pages : 646

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Book Description
Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

Apprehended Violence Orders

Apprehended Violence Orders PDF Author: New South Wales. Law Reform Commission
Publisher:
ISBN:
Category : Family violence
Languages : en
Pages : 294

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Book Description


Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures PDF Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 9781557758200
Category : Business & Economics
Languages : en
Pages : 108

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Book Description
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.

Keay's Insolvency

Keay's Insolvency PDF Author: Michael Murray
Publisher: Lawbook Company
ISBN: 9780455236919
Category :
Languages : en
Pages :

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Book Description
The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Debt Recovery and Insolvency

Debt Recovery and Insolvency PDF Author:
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 35

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Book Description


The Insolvency Review

The Insolvency Review PDF Author: Donald S. Bernstein
Publisher:
ISBN: 9781804491157
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description


Sealy & Milman: Annotated Guide to the Insolvency Legislation Volume 1&2 eBook and hardback

Sealy & Milman: Annotated Guide to the Insolvency Legislation Volume 1&2 eBook and hardback PDF Author:
Publisher: Sweet & Maxwell
ISBN: 0414026926
Category :
Languages : en
Pages : 1448

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Book Description