Australian Insolvency Law

This book provides a comprehensive exploration of Australian insolvency law, covering both corporate and personal insolvency frameworks. It begins by explaining key concepts such as voluntary administration, liquidation, and the newly introduced Small Business Restructure (SBR), examining how these mechanisms help businesses manage financial distress. It also delves into personal insolvency options like bankruptcy, Personal Insolvency Agreements (PIAs), and Debt Agreements, highlighting the legal processes, protections, and consequences for individuals unable to meet their financial obligations. The role of secured creditors under the Personal Property Securities Register (PPSR) and the implications of failing to properly register security interests are discussed in detail, emphasising their critical importance in the insolvency process.

The book also considers the unique challenges faced by directors and individuals in Queensland's construction industry due to the Queensland Building and Construction Commission (QBCC) Act, particularly under Section 56AC, which disqualifies directors after insolvency events. This state legislation often collides with federal insolvency provisions, such as Section 73 of the Bankruptcy Act, even after an annulment of bankruptcy. The interactions between state and federal law are thoroughly examined, with case law and legislative analysis illustrating how these frameworks impact professionals in highly regulated sectors. Throughout the book, practical guidance is provided on navigating the complexities of insolvency law in Australia, emphasising the importance of early intervention.