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.

1-11 of 11 results
  • Submission to Treasury on Regulatory Framework for Insolvency Practitioners in Australia

    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...

  • What to Consider Before Approving Financial Statements

    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 ...

  • Insolvent Trading

    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...

  • The regulation registration and remuneration of insolvency practitioners in australia

    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...

  • Open letter to next government What directors are looking for

    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...

  • Inside Your Institute Policy Update Jun10

    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...

  • Directors Counsel A duty to one or all

    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...

  • ASIC Report Regulation of the insolvency industry

    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...

  • Inside AICD Opinion Safe harbour from insolvent seas

    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...

  • Submission to Treasury on Discussion Paper Insolvent Trading Safe harbour for reorgan

    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 ...

  • Greens Piece Sunset of Gwalia

    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...