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Back to Cases and Statutes



These links are organised by chapter and section of the text, so that you can click and go directly to the materials discussed in the book. Not all cases are freely available on the internet, and you may need to use your university library to access some cases.

Please note that clicking on these links will take you to a third party site. Most of the links come from the following sources, and you will be taken to these pages after clicking on the links:

Australasian Legal Information Institute (AustLII)
www.austlii.edu.au

Australian Securities Exchange (ASX)
www.asx.com.au

British and Irish Legal Information Institute (BAILII)
www.bailii.org

World Legal Information Institute (WorldLII)

www.worldlii.org

Web resources – chapter 1 - Introduction


1.1 Introduction

Australian Securities and Investments Commission www.asic.gov.au/asic/asic.nsf

Corporations Act s 9
Corporations Act s 57A


1.2 Corporations compared with other business organisations

United Dominions Corp v Brian Pty Ltd (1985) 157 CLR 1
Corporations Act s 115

Corporations Regulations reg 2A.1.01

1.2.4 Limited liability
Partnership Act 1958 (Vic) s 67
                         

1.4 Corporate legislation

1.4.1 Background to Australian legislation
R McQueen, ‘An Examination of Australian Corporate Law and Regulation 1901–1961’ (1992) 15 University of NSW Law Journal 1

NSW v Commonwealth(1990) 169 CLR 482

Re Wakim; ex parte McNally (1999) 198 CLR 511

R v Hughes (2000) 74 ALJR 802; 171 ALR 155


1.6 Reforming company law

J Green, ‘Fuzzy Law: A Better Way to Stop “Snouts in the Trough”?’ (1991) 9 Company & Securities Law Journal 144

1.6.3 Other reform proposals
http://www.camac.gov.au/CAMAC/camac.nsf


1.7 Theories of corporate law

1.7.1 The corporation as an artificial entity: the concession theory
R Green, ‘Shareholders as Stakeholders: Changing the Metaphors of Corporate Governance’ (1993) 50 Washington & Lee Law Review 1409
P Mahoney, ‘Contract or Concession? An Essay on the History of Corporate Law’ (2000) 34 Georgia Law Review 873.

1.7.2 The corporation as a group of individuals: the aggregate theory
M M Blair and L A Stout, ‘Team Production Theory’ (1999) 85 Virginia Law Review 247–328

‘Symposium, Contractual Freedom in Corporate Law’ in (1989) 89 Columbian Law Review 1395

Bratton, ‘The “Nexus of Contracts” Corporation: A Critical Appraisal’ (1989) 74 Cornell Law Review 407

M Eisenberg, ‘The Conception that the Corporation is a Nexus of Contracts and the Dual Nature of the Firm’ (1999) 24 Journal of Corporate Law 819

1.7.3 The corporation as a real entity: corporate realism
H Laski, ‘The Personality of Associations’ (1915–16) 29 Harvard Law Review 405


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