Invalidation of securities upon insolvency / Garry J. Hamilton.

Annandale, N.S.W. : Federation Press, 2000.

21525

Securities -- Australia.

Corporation law -- Australia.

Bankruptcy -- Australia.

1. Definitions and the pari passu rule

1.1 Introduction

1.2 The Rationale behind the avoidance provisions

1.3 The legislative deficiencies

1.4 The meaning of securities

1.5 Over what property may a security interest be given?

1.6 Security interests in other jurisdiction

1.7 The meaning of insolvent

1.8 Presumptions of insolvency

1.9 Conclusion

2. Corporations law

2.1 Position before the Corporate Law Reform Act 1992

2.2 Position subsequent to the Corporate Law Reform Act

2.3 The new provisions

2.4 Sections 266 and 267 of the Corporations

2.5 Romalpa clauses and registrable charges

2.6 The interaction between the voidable transaction provisions and duties of directors

2.7 Jurisdictional considerations

2.8 Provisions which avoid charges under the Corporations Law: the effect on secured creditors and receivers

2.9 Conclusion

3. Bankruptcy Act

3.1 The current legislation

3.2 Sections 120, 121 and 122 of the Bankruptcy Act 1966 before amendment

3.3 Time limitation provisions

3.4 Bankruptcy Legislation Amendment Bill 1995

3.5 Bankruptcy Legislation Amendment Bill/Act 1996

3.6 Conclusion

4. Other invalidating legislation

4.1 Introduction

4.2 Sections 228 and 229 of the Property Law Act 1974 (Qld)

4.3 Proposed amendments to personal property securities legislation

4.4 The Consumer Credit Code

4.5 The Trade Practices Act 1974 (Cth)

4.6 Contracts Review Act 1980 (NSW)

5. Common theme - summary of legislative deficiencies

5.1 Is there a common theme with the avoidance provisions?

5.2 Corporations law

5.3 Provisions which avoid charges under the Corporations law: the effect on secured creditors and receivers

5.4 Bankruptcy Act

5.5 Other invalidating legislation

5.6 Summary.

Includes index.

1862873585

xx, 228 p.