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Statutory Derivative Action in Australia and Shareholder Litigation: Is there a Need for Law Reform?

thesis
posted on 18.06.2020, 11:21 by Lang Thai
The statutory derivative action is a special type of court action that enables a shareholder to pursue a wrongdoer in the company, for example, by proceeding against a director for breach of directors’ duties. However, it is rarely used due to the difficulty in obtaining permission from the court to commence the action and due to uncertainty in the recovery of legal costs. This thesis advances arguments based on empirical findings, case law analysis and overseas comparisons, and provides suggestions for law reform in order to improve the use of the statutory derivative action as a shareholder remedy.

History

Campus location

Australia

Principal supervisor

Normann Witzleb

Additional supervisor 1

Professor Jennifer Hill

Year of Award

2020

Department, School or Centre

Law

Course

Doctor of Philosophy

Degree Type

DOCTORATE

Faculty

Faculty of Law

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