Ending a means to an end: transition from the voluntary administration process to a deed of company arrangement or liquidation
Article
Article Title | Ending a means to an end: transition from the voluntary administration process to a deed of company arrangement or liquidation |
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ERA Journal ID | 34056 |
Article Category | Article |
Authors | |
Author | Anderson, Colin |
Journal Title | University of Tasmania Law Review |
Journal Citation | 23 (1), pp. 15-44 |
Year | 2004 |
Place of Publication | Hobart, Australia |
ISSN | 0082-2108 |
Web Address (URL) | http://www.lawreview.law.utas.edu.au/ |
Abstract | [Introduction]: The voluntary administration procedure is a temporary one in the life of a company. It is a means to an end. That end is represented in the outcomes of the process. Part 5.3A provides that there will be three possible outcomes from the administration. They are liquidation, the entering into a deed of company arrangement or a return of the company to its pre-administration situation . Voluntary administration is ultimately a means by which the insolvent corporate entity may get to a position where a plan of reconstruction or reorganization will be put in place or the company will enter liquidation. In addition the court may terminate the administration in certain circumstances . These outcomes are worthy of a study in themselves but it is beyond the scope of this article to deal with these other forms of administration in detail. The focus of this article is the transition to these other stages in the life of the insolvent company. It is argued that this transition is a strength of the overall Part 5.3A process but that there are some gaps in the legislation that require consideration in the evaluation of Part 5.3A. |
Keywords | voluntary administration procedure, voluntary administration process, deed of company arrangement, liquidation |
ANZSRC Field of Research 2020 | 480103. Corporations and associations law |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | Department of Law |
https://research.usq.edu.au/item/9x895/ending-a-means-to-an-end-transition-from-the-voluntary-administration-process-to-a-deed-of-company-arrangement-or-liquidation
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