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    A new test for insolvency? Court of Appeal weighs in on the relevance of future payable debts
    2023-06-12

    Understanding whether a company is insolvent, and the date of insolvency, is essential for directors and accountants who advise companies, as well as liquidators and other parties bringing insolvency-based claims. In understanding these issues, the analysis may need to go beyond establishing present-day liquidity – for example, what impact do long term-debts have on a company’s solvency and how are they used to prove insolvency? Which debts are relevant to the cashflow test? Whether a company is ‘able to pay all its debts’ as and when they become ‘due and payable’?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Debtor, Liquidation, Creditors' rights, Disputes, Insolvency, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
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