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Reason: Under embargo until June 2023. After this date a copy can be supplied under Section 51(2) of the Australian Copyright Act 1968 by submitting a document delivery request through your library, or by emailing document.delivery@monash.edu

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

posted on 2020-06-18, 11:21 authored 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.


Campus location


Principal supervisor

Normann Witzleb

Additional supervisor 1

Professor Jennifer Hill

Year of Award


Department, School or Centre



Doctor of Philosophy

Degree Type



Faculty of Law

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