(Download) "Unlovely and Unloved: Corporate Law Reform's Progeny (Australia)" by Melbourne University Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Unlovely and Unloved: Corporate Law Reform's Progeny (Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 295 KB
Description
[Despite massive efforts at law reform in the last 15 years and continuous tweaking, the Corporations Act 2001 (Cth) remains, as Sir Anthony Mason found it, 'indigestible and incomprehensible'. The state of the legislation is at odds with the dynamism of the Australian economy over this same period and raises some intriguing questions. Is corporations law not just 'trivial', as Bernard Black provocatively suggested a few years ago, but completely irrelevant? In this case, does law not matter, not a whit? Is corporate law reform not worth the economic candle? Why is consistency and coherency in business law not valued in Australia? Is this an atavistie response of an old common law system, a deep-rooted aversion to 'codification'? This piece looks at some of the consequences of this state of affairs, arguing that a better corporations law would be of benefit to Australia. The piece identifies some points of departure: a separate business corporations statute, elimination of the bifurcation of directors' duties (as between the statute and the general law), substitution of a comprehensive personal property security regime for the troublesome insolvent trading provisions and reconceptualisation of the complexities of capital maintenance rules.] I INTRODUCTION
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