Will combating phoenix activity stifle genuine restructuring activity?
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Open Access
Type
ArticleAuthor/s
Harris, JasonAbstract
The Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) was introduced into Parliament in mid-February 2019. The Explanatory Memorandum to the Bill explains that it aims to "improve the mechanisms available to combat illegal phoenix activity, specifically ...
See moreThe Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) was introduced into Parliament in mid-February 2019. The Explanatory Memorandum to the Bill explains that it aims to "improve the mechanisms available to combat illegal phoenix activity, specifically creditor-defeating dispositions" and "to ensure that misconduct can be addressed quickly and efficiently". The introduction of the Bill into Parliament follows several rounds of public and private consultation by Treasury during 2017 and 2018. Phoenix activity has been the subject of numerous inquiries over the past 20 years, including reports by PwC showing that phoenix activity costs the economy billions of dollars each year.
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See moreThe Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) was introduced into Parliament in mid-February 2019. The Explanatory Memorandum to the Bill explains that it aims to "improve the mechanisms available to combat illegal phoenix activity, specifically creditor-defeating dispositions" and "to ensure that misconduct can be addressed quickly and efficiently". The introduction of the Bill into Parliament follows several rounds of public and private consultation by Treasury during 2017 and 2018. Phoenix activity has been the subject of numerous inquiries over the past 20 years, including reports by PwC showing that phoenix activity costs the economy billions of dollars each year.
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Date
2019Source title
Journal of Banking and Finance Law and PracticeVolume
30Issue
1Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as: Harris, J. (2019). Will combating phoenix activity stifle genuine restructuring activity? Journal of Banking and Finance Law and Practice, 30(1), 47–50. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare