This article considers aspects of the development of the law associated with the dividend payment restriction. The motivation for the article is to assess whether the existing substantive law is effective in promoting sound decision-making by corporate officers who are required to determine the timing and quantum of dividend payments. Our analysis suggests that the existing provision in s 254T of the Corporations Act 2001 is unlikely to have a significant positive effect on dividend decisions. This is due to its failure to provide meaningful guidance to decision-makers; its divergence from contemporary accounting practice; and its imposition of unnecessary complexity to the dividend decision. The shortcomings identified suggest that reform of the existing provision is appropriate. Some reform proposals are briefly reviewed.
Company and Securities Law Journal / Vol. 21, No. 7, pp.447-456