Christopher F. Symes

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

An Analysis of Preferred Creditor Status

Statutory Priorities in Corporate Insolvency Law

David Parker

Jeffrey Frederick Fitzpatrick

Business and Corporations Law 4th edition introduces students to the foundations of the Australian legal system and the principles that govern contract and corporations law, business structures, and management of companies. It provides an overview of financial reporting and auditing and the foundation concepts pertaining to receivership, voluntary administration and liquidation. This book also explains in clear and plain language the nature of corporate membership and the duties of directors tasked with running the business affairs of the company. To support learning of course content within the broader business context, this title includes chapter summaries, margin notes, key cases and legislation, diagrams and flowcharts. It also comes with a suite of online resources for both students and lecturers. Features Chapters 8, 9, 10 and 11 have been revised extensively, with some material being redistributed between chapters to achieve parity across the book¿s twelve-chapter format New material on directors, company secretaries, equity versus debt financing, shares and debentures, oppressive conduct and the whistleblowing protection regime has been added Additional internet references for further reading and end-of-chapter questions are included where appropriate

Christopher F. Symes

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