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

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. ISSN 1039-3293

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 30 Nov 2007 11:47
Last Modified: 03 Jul 2013 00:20
Uncontrolled Keywords: bankruptcy; english case law; australian case law; international law; United Nations; UNCITRAL
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180109 Corporations and Associations Law
18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/14429

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