The Protection of Employee Entitlements in Insolvency

The Protection of Employee Entitlements in Insolvency
Author: Helen Anderson
Publisher: Melbourne Univ. Publishing
Total Pages: 298
Release: 2014-02-03
Genre: Law
ISBN: 0522865992

The Protection of Employee Entitlements in Insolvency: An Australian Perspective is the first detailed analysis of the law and policy dealing with employee entitlements such as wages, leave and redundancy payments that are threatened when companies fail. Although Australia has a government-funded safety-net scheme, currently known as the Fair Entitlements Guarantee, it doesn’t cover all lost entitlements for all workers. Some argue that the scheme removes any incentive for companies to make adequate provision for their employees’ entitlements, increasing the burden on the taxpayer. As well as investigating ways to safeguard the entitlements of employees that are presently lost through the improper behaviour of directors, The Protection of Employee Entitlements in Insolvency covers the history of Australia’s present system and comprehensively sets out the avenues available to assist employees to recover their entitlements. It also canvases what might be done in the future to improve the protection of employee entitlements in Australia when companies become insolvent.

Keay's Insolvency

Keay's Insolvency
Author: Michael Murray
Publisher: Lawbook Company
Total Pages:
Release: 2016-03-10
Genre:
ISBN: 9780455236919

The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 108
Release: 1999-08-02
Genre: Business & Economics
ISBN: 9781557758200

Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Comparative Insolvency Law

Comparative Insolvency Law
Author: Bo Xie
Publisher: Edward Elgar Publishing
Total Pages: 328
Release: 2016-11-25
Genre: Law
ISBN: 1781007381

Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

Corporate Insolvency Laws

Corporate Insolvency Laws
Author: Australia. Parliament. Joint Committee on Corporations and Financial Services
Publisher:
Total Pages: 277
Release: 2004
Genre: Bankruptcy
ISBN: 9780642714008

On 14 November 2002, the Parliamentary Joint Committee on Corporations and Financial Services agreed to consider and report on the operation of Australia's insolvency and voluntary administration laws. In its approach to the range of issues it had to consider, the Committee placed importance on the following objectives and values: encouraging early intervention in the affairs of companies in financial difficulties and restoring companies to profitable trading where practicable; striking a balance between voluntary administration and liquidation; protecting the interests of creditors and, in particular, employees in circumstances of financial difficulty and corporate malpractice; maximising the value of an insolvent company's assets; reducing the cost of credit; and encouraging the good management of companies and deterring malpractice, and in particular, abuses of the corporate form and insolvency procedures generally.

Statutory Priorities in Corporate Insolvency Law

Statutory Priorities in Corporate Insolvency Law
Author: Christopher F. Symes
Publisher: Routledge
Total Pages: 290
Release: 2016-12-05
Genre: Law
ISBN: 1351897977

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Creditor Rights and the Public Interest

Creditor Rights and the Public Interest
Author: Janis Pearl Sarra
Publisher:
Total Pages: 352
Release: 2003
Genre: Law
ISBN: 9780802087546

Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Corporate Insolvency Law

Corporate Insolvency Law
Author: Vanessa Finch
Publisher: Cambridge University Press
Total Pages: 662
Release: 2002-09-12
Genre: Business & Economics
ISBN: 9780521626859

Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Corporate Social Responsibility in the 21st Century

Corporate Social Responsibility in the 21st Century
Author: Bryan Horrigan
Publisher: Edward Elgar Publishing
Total Pages: 457
Release: 2010-01-01
Genre: Business & Economics
ISBN: 184980527X

As corporate states join the universe of nation states, the challenge of securing both corporate social responsibility and accountability becomes one of the core challenges facing the social and legal order. Bryan Horrigan s masterly, comprehensive account of this protean subject offers an assured guide for future thought and action. Paul Redmond, Professor, University of Technology, Sydney, Australia CSR continues to be one of the most important aspects of business in the global economy receiving much attention from business managers, government leaders and academics. While continuing to increase in prominence, there are many aspects and many approaches evolving in this global phenomenon. In this book Horrigan provides the most complete interdisciplinary analysis of these perspectives yet undertaken combining theoretical insights with practical examples while pointing the way forward towards future developments. David Crowther, Professor, De Montfort University, UK and Social Responsibility Research Network In this book Professor Horrigan brings together the many facets of, and perspectives on, the concept [of CSR]. . . and he places them in the context of the development of thought in the crossover from the 20th to the 21st century. . . I doubt whether such an ambitious and comprehensive account of the concept has been previously attempted. There is no doubt that it is a hugely important subject in today s world; and one which will not go away. I believe that the book will be valuable to all who need to deal with this issue, whether as government officials, regulators, businessmen, lawyers, academics, media commentators or concerned citizens. The Right Honourable Lord Butler of Brockwell KG, GCB, CVO, was Secretary of the United Kingdom Cabinet and Head of the Home Civil Service from 1988 to 1998. 1998 2008 Master of University College Oxford and a Non-Executive Director of ICI plc and of HSBC Holdings, also Chairman of the Board's Corporate Social Responsibility Committee This timely and thorough book offers one of the most wide-ranging, inter-disciplinary, and cross-jurisdictional analyses of corporate social responsibility so far in the 21st century. Professor Bryan Horrigan spans subjects as diverse and topical as global corporate responsibility and governance debates, practical guidelines for responsible businesses and their professional advisers, governmental roles in corporate social responsibility, corporations and human rights, and the new era of enlightened shareholder value . He also highlights an emerging transnational and comparative body of law, regulation, and practice on corporate social responsibility. Illustrated throughout with meaningful controversies and examples, the book also highlights the major recent global developments in corporate social responsibility already this century, focusing especially on Europe, the UK, North America, and Australasia, and charting its future regulatory and research directions worldwide. The book s scholarly foundation, up-to-date coverage, and accessible style will appeal particularly to academic researchers and students of corporate social responsibility in the fields of law, business, management, economics, and political science in a number of countries. It will also be of great interest and use to those whose work involves corporate social responsibility within government, business, and civil society.