Robson's Annotated Corporations Legislation - revisions to Parts 5.7 and 5.9
In 2022, Greylag sought orders in the NSW Supreme Court to have Garuda wound up in insolvency under s 583(c) of the Corporations Act. Part 5.7 (Winding up bodies other than companies) is in Chapter 5 (External administration). Garuda is a registered foreign company and therefore a Part 5.7 body.
However, in a 5-2 majority, the High Court of Australia agreed with the Supreme Court and the New South Wales Court of Appeal that immunity applied to Garuda under the Foreign States Immunities Act 1985 (Cth).
Eugene's update also includes important revisions to Part 5.9 (Miscellaneous) of Chapter 5 (External administration) which covers provisions to enable the examination of officers of companies in administration.
In Robson's Annotated Corporations Legislation, detailed annotations accompany the provisions of the Corporations Act 2001 (Cth). Commentary from expert specialist lawyers working with, and analysing, the law considers how provisions and wording have been interpreted by the courts under the current Act and its forerunners, in a range of contexts. This depth and range is essential in practice for Australia’s corporations legislation is particularly complex in its wording and in its interpretation.
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