Cross-border insolvency: adoption of CLERP 8 as an evolution of Australian insolvency law
Article
Article Title | Cross-border insolvency: adoption of CLERP 8 as an evolution of Australian insolvency law |
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ERA Journal ID | 37153 |
Article Category | Article |
Authors | |
Author | Mason, Rosalind |
Journal Title | Insolvency Law Journal |
Journal Citation | 11 (2), pp. 62-90 |
Number of Pages | 29 |
Year | 2003 |
Place of Publication | Sydney, Australia |
ISSN | 1039-3293 |
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 |
Keywords | bankruptcy; english case law; australian case law; international law; United Nations; UNCITRAL |
ANZSRC Field of Research 2020 | 480103. Corporations and associations law |
480308. International trade and investment law | |
480303. Conflict of laws (incl. private international law) | |
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/q0662/cross-border-insolvency-adoption-of-clerp-8-as-an-evolution-of-australian-insolvency-law
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