Cross-border insolvency: adoption of CLERP 8 as an evolution of Australian insolvency law

Article


Mason, Rosalind. 2003. "Cross-border insolvency: adoption of CLERP 8 as an evolution of Australian insolvency law." Insolvency Law Journal. 11 (2), pp. 62-90.
Article Title

Cross-border insolvency: adoption of CLERP 8 as an evolution of Australian insolvency law

ERA Journal ID37153
Article CategoryArticle
Authors
AuthorMason, Rosalind
Journal TitleInsolvency Law Journal
Journal Citation11 (2), pp. 62-90
Number of Pages29
Year2003
Place of PublicationSydney, Australia
ISSN1039-3293
Web Address (URL)http://legalonline.thomson.com.au/subscribed/static-fs/journals/INSOLVLJ/LAWREP-011-INSOLVL-JL-0062.pdf?sessionId=1b81f1f70ade6d0437ff6df2cca3bec9
Abstract

In 1997 the United Nations adopted the UNCITRAL Model Law on Cross-Border Insolvency and recommended that member states adopt it as part of domestic legislation. In 2002 Australia, an active participant in UNCITRAL's Working Group on Insolvency Law, announced that the next phase of the Commonwealth Government's Corporate Law Economic Reform Program would be a review of cross-border insolvency law. CLERP 8 seeks feedback on the proposed enactment of the Model Law by a separate Commonwealth statute. This article places such a development within the context of Australian cross-border insolvency law as it has evolved from early English bankruptcy legislation through case law arising from the banking collapses of the late 19th century to the more recent jurisprudence produced by corporate collapses of the late 1980s to early 1990s and current high-profile
insolvencies.

Keywordsbankruptcy; english case law; australian case law; international law; United Nations; UNCITRAL
ANZSRC Field of Research 2020480103. Corporations and associations law
480308. International trade and investment law
480303. Conflict of laws (incl. private international law)
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Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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