3 December 2015
© Commonwealth of Australia 2015 ISBN 978-1-76010-333-0
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Insolvency affects everyone Early detection is critical to curbing illegal phoenix activity and preventing smaller scale insolvencies from becoming more significant More needs to be done to protect honest industry participants from unscrupulous individuals Subcontractors have a right to be paid for work completed Information asymmetries
Conduct of inquiry Acknowledgements Structure of report
What is insolvency? Structure of the Australian construction industry Insolvency in the construction industry Causes of insolvency
Creditors Total Economic Cost Public Revenue Conclusion
Social impact Effect on productivity Potential to attract criminal elements
What is phoenix activity? Incidence of phoenix activity Effect of illegal phoenix activity Curbing illegal phoenix activity Other criminal and civil misconduct related to insolvencies
Background The National Australia Bank's relationship with Walton Constructions Problem of pre-insolvency advice Licensing—a failure of the regulator? Impact of Walton Constructions Collapse Conclusion
Disqualification of directors Director Penalty Regime Transactions entered into in order to avoid employee entitlements
Early warning signs of insolvency Security of payments protections
False statutory declarations Intimidation and retribution Enforcement costs Education and support Authorised Nominating Authorities Adjudication timelines The problem of insolvency No national security of payments Act
Exploring a statutory construction trust model for security of payments In favour of the trust Opposition to the trust How would the trust operate? Conclusion
Conclusion
Legal obligation to warn of impending insolvency Increasing transparency and verifying company directors Problem of pre-insolvency advice Valuing debt assignments fairly Transfer of jurisdiction of insolvency matters
Senate Standing Committees on EconomicsPO Box 6100Parliament HouseCanberra ACT 2600 Phone: +61 2 6277 3540economics.sen@aph.gov.au
An inquiry into the scale and incidence of insolvency in the Australian construction industry
04 Nov 2015: Canberra26 Oct 2015: Perth29 Sep 2015: Melbourne
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