Local proceedings in a multi-state liquidation: issues of jurisdiction

Article


Mason, Rosalind. 2006. "Local proceedings in a multi-state liquidation: issues of jurisdiction ." Melbourne University Law Review. 30 (1), pp. 145-190.
Article Title

Local proceedings in a multi-state liquidation: issues of jurisdiction

ERA Journal ID33616
Article CategoryArticle
Authors
AuthorMason, Rosalind
Journal TitleMelbourne University Law Review
Journal Citation30 (1), pp. 145-190
Number of Pages46
Year2006
Place of PublicationMelbourne, Australia
ISSN0025-8938
Web Address (URL)http://mulr.law.unimelb.edu.au/
Abstract

Following a brief description of multi-state insolvency theories and the different types of jurisdiction exercisable by a court, this paper examines jurisdiction in corporate insolvency within Australia. It begins with the constitutional context and then addresses geographical jurisdiction; jurisdiction to prescribe conduct, and jurisdiction to adjudicate between parties. It briefly touches upon the notion of an inherent jurisdiction to adjudicate in liquidation and on jurisdiction for proceedings during the course of, rather than on the adjudication of, a liquidation. The discussion on jurisdiction to adjudicate in a multi-state liquidation in Australia addresses winding up of a foreign company under Part 5.7 of the Corporations Act 2001 (Cth) as well as topics such as forum non conveniens; lis alibi pendens; anti-suit injunctions; and the notion of discretion to exercise jurisdiction to wind up a company. The jurisdiction to provide aid and auxiliary assistance upon request from a foreign court is also touched upon briefly.

Keywordscrossborder insolvency, jurisdiction, winding up forign company
ANZSRC Field of Research 2020480103. Corporations and associations law
489999. Other law and legal studies not elsewhere classified
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Byline AffiliationsSchool of Law
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