The Harbour is Not Yet Safe – Reform on the Move in Australia

K&L Gates LLP
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Following on from the Productivity Commission's Report on Business Set-up, Transfer and Closure, the Australian Government has issued a Proposals Paper entitled Improving bankruptcy and insolvency laws.

The paper has identified and asked for submissions on three measures to improve Australian bankruptcy and insolvency law, namely: -

1. Reducing the bankruptcy period from three years to one year; -

2. Introducing a 'safe harbour' for directors to avoid personal liability for insolvent trading; and -

3. Making 'ipso facto' clauses unenforceable if a company is undertaking a restructure.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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