Insolvency Results
This page outlines a collection of information on our website regarding insolvency. You can refine these search results using the options provided in the left-hand menu.
We will constantly review and refine these results to ensure our Director Resource Centre helps you to quickly and easily find relevant information.
Please provide your feedback on the quality of these results.
See also our Director Q&A on Insolvent Trading and our submission to Federal Treasury (March 2010) as a starting point.
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Content Type:
Policy Submission
29 Jul 2011
The Australian Institute of Company Directors provided comments to Treasury in response to the Options Paper: A Modernisation and Harmonisation of the Regulatory Framework Applying to Insolvency Practitioners. Our submission agreed that efforts should be taken to reduce the incidence of fraudulent p...
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Content Type:
Director Q and A
04 Jan 2011
Companies have a legal responsibility to keep written financial records and to regularly report to members their financial performance and position. This Q&A suggests what questions to ask before approving financial statements.
Companies have a legal responsibility to keep written financial ...
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Content Type:
Director Q and A
04 Jan 2011
The duty to avoid insolvent trading is one of the most important obligations for company directors and there are significant penalties under the Corporations Act 2001 for not complying. This Q&A covers the definition of insolvent trading and breaching the Act. It also discusses the warning signs...
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Content Type:
Policy Submission
24 Sep 2010
On 24 September 2010, the Australian Institute of Company Directors wrote to the Hon Wayne Swan MP and the Hon David Bradbury MP regarding the Senate Economics References Committee Report entitled: The regulation, registration and remuneration of Insolvency Practitioners in Australia: the case for a...
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Content Type:
Position Paper
19 Jul 2010
The upcoming election (Federal Election 2010) is an important one for our nation. Regardless of which party forms the next government, it is an opportunity to rethink not only the way government approaches some key issues but how it conducts its relationship with business.
The Australian Institu...
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Content Type:
CDM Article
01 Jun 2010
An outline of some of the issues addressed recently by the Australian Institute of Company Directors’ Policy and Advocacy team.
Policy Update
Diversity mentoring program underway
Some of Australia’s most senior company chairmen and directors are participating in the Australian Institute of Com...
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Content Type:
CDM Article
01 Jun 2010
Professor Bob Baxt
examines a recent appeals case that suggests directors may owe duties to individual shareholders in certain circumstances.
A duty to one or all
A basic (and some would say trite) rule of company law is that directors owe their duty to the company, the company being the sh...
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Content Type:
CDM Article
01 May 2010
Michael Dwyer
discusses ASIC’s approach to corporate insolvency and regulation of the profession.
Regulation of the insolvency industry
With rising insolvencies flowing from the global economic crisis, a number of company directors may be exposed to an external administration or they may...
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Content Type:
CDM Article
01 Apr 2010
Gabrielle Upton
explains why a broad business judgement rule for directors could create better outcomes for companies in financial difficulty as well as their shareholders and creditors.
Safe harbour from insolvent seas
Laws to protect stakeholders in the event of insolvent trading are v...
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Content Type:
Policy Submission
02 Mar 2010
We are concerned that current laws on insolvent trading sometimes prevent the best stakeholder outcomes from being achieved. They make trading out of insolvency not only extremely risky but they prohibit it for the directors of a company in solvency stress. Each director faces being held personally ...
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Content Type:
CDM Article
01 Mar 2010
John M Green
explains why reversing the High Court decision on Sons of Gwalia benefits shareholders and is a good move.
Sunset of Gwalia
The Federal Government’s decision to reverse the High Court’s Sons of Gwalia judgement was a “slap in the face for shareholder rights”, accordin...