When the new model meets the classic: Creditor-defeating dispositions
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Open Access
Type
ArticleAbstract
The creditor defeating disposition (CDD) provisions have now been tested in court with the first decision in May 2022, 'Franklin v Tecnologie Fluenti Pty Ltd'. This article will examine the reasoning in the case and consider its broader implications for legitimate corporate restructuring and the phoenix industry. However, before discussing the case we first provide a summary of the new laws.The creditor defeating disposition (CDD) provisions have now been tested in court with the first decision in May 2022, 'Franklin v Tecnologie Fluenti Pty Ltd'. This article will examine the reasoning in the case and consider its broader implications for legitimate corporate restructuring and the phoenix industry. However, before discussing the case we first provide a summary of the new laws.
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Date
2022Source title
Australian Journal of Corporate LawVolume
37Issue
3Publisher
LexisNexisLicence
Copyright All Rights ReservedRights statement
This article was published by LexisNexis and should be cited as: Symes, C., & Harris, J. (2022). When the new model meets the classic: Creditor-defeating dispositions. Australian Journal of Corporate Law, 37(3), 289–300.Faculty/School
The University of Sydney Law SchoolShare