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NEW analysis on Cross-Border Insolvency

It has been noted that there is very little commentary available to practitioners on cross-border insolvency in an Australian context and in light of this, Paul McQuade, one of the authors of Australian Bankruptcy Law & Practice, has written new commentary on the Cross-Border Insolvency Act 2008 (Cth) including detailed annotations to Arts 15 and 17 of the Model Law on Cross-Border Insolvency of the UNCITRAL.  The author's commentary covers the application of the Model Law in an Australian context, in particular with respect to the Bankruptcy Act 1966 (Cth), and features detailed analysis of international case law including cases from New Zealand, the United Kingdom and United States.

The commentary is currently available online within Australian Bankruptcy Law & Practice and will be published in the looseleaf version in August 2012. The commentary includes:

  •     Overview;
  •     Courts having jurisdiction;
  •     Structure;
  •     Application of Model Law;
  •     Recognition;
  •     Effect of recognition;
  •     Terminology; and
  •     Substantive and procedural requirements.

The commentary on Article 15 of the Model Law includes:

  •     Overview;
  •     Foreign Proceeding;
  •     Foreign Representative; and
  •     Substantive and procedural requirements.

The commentary on Article 17 of the Model Law includes:

  •    Overview;
  •    Foreign Main Proceeding; and
  •    Foreign Non-Main Proceeding.
By vickiema

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