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"Sexually transmitted debts":the scope of defences to directors' liability for insolvent trading

Cassidy, Julie 2002, "Sexually transmitted debts":the scope of defences to directors' liability for insolvent trading, Company and securities law journal, vol. 20, no. 7, pp. 372-389.

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Title "Sexually transmitted debts":the scope of defences to directors' liability for insolvent trading
Author(s) Cassidy, Julie
Journal name Company and securities law journal
Volume number 20
Issue number 7
Start page 372
End page 389
Publisher Lawbook Co.
Place of publication Sydney, N.S.W.
Publication date 2002-10
ISSN 0729-2775
Summary The recent demise of prominent Australian corporations, such as GIO Australia Holdings Ltd, One.Tel Ltd, HIH Insurance Ltd and Ansett Australia Ltd, have highlighted the relevance of, inter alia, the Australian insolvent trading provisions embodied in the Corporations Act 2001 (Cth) (formerly Corporations Law). What may not be appreciated, however, is that insolvent trading is not only concerned with large public companies. Many of the insolvent trading cases that come before the courts involve small proprietary companies. Moreover, in many cases these are small “family” companies where there may only be one active director. This gives rise to a difficult issue as to the appropriateness of imposing liability for insolvent trading on a spouse who is, factually, merely a dormant director. This article explores the issue of spousal liability for insolvent trading, particularly focusing on the scope of the current defences to insolvent
trading under s 588H.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001718

Document type: Journal Article
Collection: Law
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