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This publication provides a consolidation of Australian corporate insolvency legislation as at 4 July 2018.
- Amending Act and legislative instrument details, including amending item numbers and the dates on which the amendments come into force.
- Modifications to the Corporations Act 2001 (Cth) by the Corporations Regulations 2001 (Cth) (as amended by the Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 (Cth)).
- Application and transitional provisions.
- Coverage of all ASIC insolvency approved forms.
- Cross-references to ASIC Regulatory Guides 93: Reimbursing liquidation costs; 242: ASIC’s power to wind up abandoned companies; and 258: Registered liquidators: Registration, disciplinary actions and insurance requirements.
- Exclusions from the operation of the ipso facto stay, as outlined in the Corporations Amendment (Stay on Enforcing Certain Rights) Regulations 2018, Corporations Amendment (Stay on Enforcing Certain Rights) (No.2) Regulations 2018 (Cth) and Corporations (Stay on Enforcing Certain Rights) Declaration 2018 (Cth).
- Interactions between the Corporations Act 2001 (Cth) and the Insolvency Practice Rules (Corporations) 2016 (Cth).
- Commentary under the new safe harbour provisions (sections 588GA, 588GB, 588HA and 588WA of the Corporations Act 2001 (Cth)).