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

Mason, Rosalind (2006) Local proceedings in a multi-state liquidation: issues of jurisdiction. Melbourne University Law Review, 30 (1). pp. 145-190. ISSN 0025-8938

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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Final published version supplied by, and deposited with the permission of the publisher.
Depositing User: Prof Rosalind Mason
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 04 Feb 2008 23:43
Last Modified: 02 Jul 2013 22:41
Uncontrolled Keywords: crossborder insolvency, jurisdiction, winding up forign company
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180109 Corporations and Associations Law
18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law)
URI: http://eprints.usq.edu.au/id/eprint/2016

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