Rural Law Online A guide to the law for Victorian Primary Producers

Insolvency

Insolvency is defined in both the Bankruptcy Act 1966 (Cwlth) (updated in 1992) and in the Corporations Act2001, Australia's national company law. Under both laws, a person is solvent only if they are able to pay all their debts when they become due (Corporations Act s. 95A; Bankruptcy Act s. 5). Both laws go on to state, perhaps unnecessarily, that a person who is not solvent is insolvent. This definition applies to both personal and company insolvency. It is an important definition as a number of legal consequences hinge on whether a person or a company is, or is not, solvent.

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