Uncommercial Transactions – Developments in the New Regime

13 Pages Posted: 23 Sep 2010

See all articles by David S. Morrison

David S. Morrison

The University of Queensland - T.C. Beirne School of Law

Colin J. Anderson

Queensland University of Technology - Faculty of Law

Date Written: September 21, 1999

Abstract

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

Morrison, David S. and Anderson, Colin J., Uncommercial Transactions – Developments in the New Regime (September 21, 1999). Insolvency Law Journal, Vol. 7, 1999, University of Queensland TC Beirne School of Law Research Paper No. 10-37, Available at SSRN: https://ssrn.com/abstract=1680619

David S. Morrison (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Colin J. Anderson

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia
+61 7 3138 1099 (Phone)
+61 7 3138 2121 (Fax)

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