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This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts.
List of contents
1. Introduction
2. The Need for Statutory Derivative Action and Its Current Problems
3. An Empirical Study of The Statutory Derivative Action in Australia
4. Rethinking The "Good Faith" Requirement in Statutory Derivative Action
5. The "Best Interests of The Company" Requirement in Statutory Derivative Action - Is There a Need for Amendment?
6. Uncertainty in the Recovery of Costs
7. Inspection Of Company Books and Other Factors Affecting the Use of SDA
8. Summary and Conclusion. Bibliography.
Appendix A: Corporations Act 2001 (C'th) (Australia), ss.236 - 236
Appendix B: Companies Act 1993 (New Zealand), ss.165-168
Appendix C: Companies Act 1993 (Chapter 50, 2006 Edition) (Singapore), ss.216A - 216B
Appendix D: Business Corporations Act RSC 1985 Chapter C-44 (Canada), ss.238 - 240
Appendix E: Business Corporations Act SBC 2002, Ch 57 (British Columbia), ss.232-233
Appendix F: Companies Act 2006 (United Kingdom), ss.260 - 264
About the author
Dr Lang Thai is an established corporate law academic with over 20 years of university research and teaching experience in Australia and the UK. She has published widely in corporate law, including shareholders remedies, derivative actions, class actions and other forms of corporate litigation. She published her first comparative article on statutory derivative action in 2002 in a well-respected journal and has since been following the developments in this area of law.
