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The application of the statutory derivative action in Pt 2F.1A of the Corporations Act to companies in liquidation under Ch 5 : Well oiled machine or is Pt 2F.1A in need of a tune up?

Egert, Geoffrey, Anderson, Colin, & Kiel-Chisholm, Scott D. (2011) The application of the statutory derivative action in Pt 2F.1A of the Corporations Act to companies in liquidation under Ch 5 : Well oiled machine or is Pt 2F.1A in need of a tune up? Australian Journal of Corporate Law, 25, pp. 318-354.

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    Abstract

    The statutory derivative action was introduced in Australia in 2000. This right of action has been debated in the literature and introduced in a number of other jurisdictions as well. However, it is by no means clear that all issues have been resolved despite its operation in Australia for over 10 years. This article considers the application of Pt 2F.1A of the Corporations Act to companies in liquidation under Ch 5. It demonstrates that the application involves consideration of not only proper statutory interpretation but also policy matters around the role and the supervision by the court of a liquidator once a company has entered liquidation.

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    ID Code: 43827
    Item Type: Journal Article
    Keywords: Part 2F.1A Corporations Act 2001 (Cth), Statutory derivative action, Liquidation, External administration
    ISSN: 1037-4124
    Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Corporations and Associations Law (180109)
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Schools > School of Law
    Copyright Owner: Copyright 2011 LexisNexis
    Deposited On: 08 Aug 2011 09:01
    Last Modified: 13 Aug 2011 16:24

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