Australia—international co-operation
Produced in partnership with Peter Kelso, solicitor

The following Restructuring & Insolvency practice note produced in partnership with Peter Kelso, solicitor provides comprehensive and up to date legal information covering:

  • Australia—international co-operation
  • Statutory provisions
  • Letters of request
  • Model Law

Australia—international co-operation

Statutory provisions

Part 5.6, Division 9 of the Corporations Act 2001 (Cth) (CA 2001) contains provisions requiring, or enabling, courts to act in aid of and be auxiliary to:

  1. other courts having jurisdiction under CA 2001 (CA 2001, s 581(1))

  2. courts having jurisdiction in external administration matters of:

    1. external territories

    2. states that are not in this jurisdiction

    3. prescribed countries, and

    4. other countries (CA 2001, s 581(2))

For the purposes of these provisions:

  1. ‘external administration matters’ is defined in CA 2001, s 580 to include all matters relating to the winding up or insolvency of a company or Part 5.7 body

  2. ‘external territory’ is defined in section 17 (pd) of the Acts Interpretation Act 1901 (Cth), in conjunction with the definition of 'internal territory' in section 17 (pe) so as to mean territories other than NT, ACT and Jervis Bay, such as Norfolk Island and Christmas Island

  3. the reference to ‘states that are not in this jurisdiction’ is a reference to a state that has not referred its powers with respect to corporations to the Commonwealth. At the present time, there are none

  4. ‘prescribed countries’ are defined in CA 2001, s 580 to mean those prescribed by the regulations, and their colonies and protectorates. They are listed in the Corporations Regulations 2001 (Cth), the main ones being the USA, the UK, New Zealand, Canada, Switzerland and

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