Abstract
This paper considers necessity for Australian insolvent trading prohibition. recommendations for provisions were couched around notions of (i) fairness, (ii) effective regulations and an ordered legal process; and (iii) a practical and convenient support of ‘‘the economic processes of community together with continuing to allow accepted, entrenched and commercially justified processes.These notions suggested an evaluation of insolvent trading prohibition on (i) public policy, (ii) legal and (iii) economic grounds. This paper comprises second part of work around Australian insolvent trading prohibition - first paper The Australian Insolvent Trading Prohibition - Why Does It Exist?: SSRN_ID1802226. It continues analysis with an evaluation of prohibition from an economic perspective. It will be seen from this evaluation that economic efficiency remains the dominant theoretical paradigm in contemporary corporate and commercial law scholarship that readily applies in critiquing Australian insolvent trading prohibition.
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