Choice of law in cross-border insolvencies: matters of substance and procedure
Article
Article Title | Choice of law in cross-border insolvencies: matters of substance and procedure |
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ERA Journal ID | 37153 |
Article Category | Article |
Authors | |
Author | Mason, Rosalind |
Journal Title | Insolvency Law Journal |
Journal Citation | 9 (2), pp. 69-87 |
Number of Pages | 20 |
Year | 2001 |
Place of Publication | Sydney, Australia |
ISSN | 1039-3293 |
Web Address (URL) | http://legalonline.thomson.com.au/subscribed/static-fs/journals/INSOLVLJ/LAWREP-009-INSOLVL-JL-0069.pdf?sessionId=1b81f1f70ade6d0437ff6df2cca3bec9 |
Abstract | In a recent cross-border personal injuries case, the High Court, when choosing the relevant law to apply, departed from its previous distinction between laws of procedure and of substance based on remedies and rights. Instead it held that procedure refers to 'rules which are directed to governing or regulating the mode or conduct of court proceedings'. All other provisions or rules are to be classified as substantive. As such, this opens up the possibility of non-forum laws being chosen to apply to issues that may once have been considered procedural. This article explores the potential impact that this new distinction may have on cross-border insolvency practice in the international context. |
Keywords | bankruptcy; state law; workers compensation; conflict of laws |
ANZSRC Field of Research 2020 | 480103. Corporations and associations law |
480504. Legal institutions (incl. courts and justice systems) | |
480410. Legal theory, jurisprudence and legal interpretation | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q0633/choice-of-law-in-cross-border-insolvencies-matters-of-substance-and-procedure
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