A). Define ‘insolvency’ under the Corporations Act 2001 (Cth).

B). Explain why directors may want to place their company into voluntary administration.

C). Outline the procedure once a company enters voluntary administratio

D). Given the circumstances of VB Mines, consider each course of action that the administrator could have taken, paying attention to interactions between the company’s directors and members and creditors and the administrator. Which course of action do you think would be most suitable given VB Mine’s situation?

Very Big Mines Ltd (VB Mines) was a no-liability company that operated in the Pilbara region of Western Australia. It was registered in January 2013 and began operating in the same year. At first, the company was very successful and secured lucrative contracts for mining iron ore. However, following the end of the “mining boom” in 2015, the company became insolvent in February 2016.

At the time of becoming insolvent, VB Mines owed money to several creditors, with the debts running into tens of millions of dollars. However, VB Mines owned several very large rural properties over which it held valid mining licences. VB Mines held valid leases (expiring in 2018) over most of their mining plant and equipment, including a lease for a high-tech device that can detect commercially viable resource deposits.

At the time company became insolvent, it was widely observed by experts that the downturn in global iron ore demand was likely to be long-term. The board of VB Mines decided in February 2016 to place the company into voluntary administration.