Directors' duties during insolvency / by Helen Horsington.

Pyrmont, N.S.W. : Lawbook, 2001.

22435

Directors of corporations -- Law and legislation -- Australia.

Bankruptcy -- Australia.

Part A. Definitions and elements:

1. Overview of directors' duties

2. What is insolvency and how can it be proved?

3. To whom do the duties apply?

4. What is a debt?

Part B. The Duty to prevent insolvent trading:

5. What are reasonable grounds to expect insolvency?

6. What constitutes a failure to prevent the company incurring a debt?

7. Making a holding company liable

8. Using reasonable grounds as a defence to an action

9. Using reasonable reliance as a defence

10. Using non-participation as a defence

11. Using an assertion that reasonable steps were taken to prevent the incurring of a debt as a defence

12. Other grounds for relief: sections 1318 and 1317S

Part C. Other general duties:

13. General fiduciary duties and their utility

14. Duty of good faith

15. Use of position and information

16. Duty of care and diligence

17. Misleading and deceptive conduct

18. Delegation and reliance

Part D. Other specific duties:

19. Phoenix companies - what are they and what can be done about them?

20. Directors' personal liability for unremitted tax deductions

21. Multiple and interlocking directorships

Part E. Personal liabilities and practicalities:

22. Directors' and officers' liability

23. Practicalities.

Includes index.

0455218080

xvii, 350 p.