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The Addition of Uncommercial Transactions to s 588G and its Implications for Phoenix Activities

Insolvency Law Journal, Vol. 10, Dec 2002

University of Queensland TC Beirne School of Law Research Paper No. 10-36

11 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

Date Written: September 22, 2002

Abstract

This article considers the recent addition of uncommercial transactions to the item list contained in s 588G as to when a debt is incurred for the purposes of determining a breach of the insolvent trading prohibition. It examines an hypothetical situation to determine if the statutory amendment will affect the general operation of both the s588G insolvent trading prohibition and the s588FB uncommercial transaction provision taking into account recent case decisions.

Keywords: bankruptcy, insolvency, uncommercial transactions, s 588G, Australia, Corporations Act, insolvent trading prohibition

JEL Classification: K22

Suggested Citation

Morrison, David S., The Addition of Uncommercial Transactions to s 588G and its Implications for Phoenix Activities (September 22, 2002). Insolvency Law Journal, Vol. 10, Dec 2002, University of Queensland TC Beirne School of Law Research Paper No. 10-36, Available at SSRN: https://ssrn.com/abstract=1680822

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

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