Uncommercial Transactions – Developments in the New Regime
Insolvency Law Journal, Vol. 7, 1999
13 Pages Posted: 23 Sep 2010
Date Written: September 21, 1999
This paper examines the nature of the reform brought about by the Australian Corporate Law Reform Act 1992 (Cth), and how subsequent court decisions have interpreted and applied the new provisions. First, the article considers the history and development of the legislation within the context of the section 588FB requirement for insolvency. Secondly, it considers the ambit of the cases regarding: the interpretation of the statute; the difficulty of determining value in the context of "commerciality"; and the ambit of the kinds of transactions that might be caught by the application of the legislation. Finally the article makes conclusions for the efficacious operation of the provisions.
Keywords: insolvency, bankruptcy, Australia, uncommercial, uncommercial transactions, s588FB, commerciality
JEL Classification: K22
Suggested Citation: Suggested Citation