Question: Hawk Aviation Ltd ( hereinafter , Hawk ) is a public company that has been a domestic airline flying from Darwin to other Australian regional
Hawk Aviation Ltd hereinafter Hawk is a public company that has been a domestic airline flying from Darwin to other Australian regional areas such as Uluru and Alice Springs in the Northern Territory, Toowoomba and Rockhampton in Queensland, Bathhurst and Albury since Successfully operating for about three decades, Hawk earned a good name in the Australian aviation industry as a reliable career. However, due to the growing competition from newly emerged budget airlines, Hawk started experiencing financial difficulties in Further, due to travel restrictions during COVID Hawk's financial situation further worsened. In June the directors realised that Hawk was heading towards insolvency, In early its executive directors lan, Sam, Jemma, and nonexecutive directors, Irene and Prabin, wanted to save the company and in doing so diverted its business from domestic to international flights. They purchased some larger aircraft and borrowed AUD Billion from Rich Bank in June Unfortunately, in early Hawk realised they were too small to sustain the overwhelming competition in the international aviation industry. The company auditor has alerted the board of directors that Hawk appears to be financially insolvent.Required:Discuss if the directors of Hawk Aviation Ltd breached any provisions of the Corporations Act, Cth other than sections What defences, if any, may be available to the directors under these circumstances?
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