The constitutional basis of s 447A: Is it a power without limit?

Harris, J

The constitutional basis of s 447A: Is it a power without limit?

Harris, J

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Publisher:: Lawbook Co
Publication Type:: Journal Article
Citation:: Insolvency Law Journal, 2006, 14 (3), pp. 135 - 149
Issue Date:: 2006-01

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Field	Value	Language
dc.contributor.author	Harris, J https://orcid.org/0000-0001-7099-4694	en_US
dc.date.issued	2006-01	en_US
dc.identifier.citation	Insolvency Law Journal, 2006, 14 (3), pp. 135 - 149	en_US
dc.identifier.issn	1039-3293	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10532
dc.description.abstract	Section 447A of the Corporations Act 2001 (Cth) provides the court with a unique power that allows it to mould the voluntary administration process to suit the needs of individual companies. The enactment of a federal corporations statute in 2001 has brought into question whether this power fits within the constitutional limitations that are imposed on federal law-making power. The suggestion has been raised recently that the power is so broad that it is constitutionally invalid. This article argues that the power is constitutionally valid principally on the basis that, despite its potential for broad application, the power has defined limits which retain its status as a judicial power.	en_US
dc.publisher	Lawbook Co	en_US
dc.relation.ispartof	Insolvency Law Journal	en_US
dc.title	The constitutional basis of s 447A: Is it a power without limit?	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	14	en_US
utslib.for	1801 Law	en_US
utslib.for	1501 Accounting, Auditing and Accountability	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	3	en_US
pubs.volume	14	en_US

Abstract:

Section 447A of the Corporations Act 2001 (Cth) provides the court with a unique power that allows it to mould the voluntary administration process to suit the needs of individual companies. The enactment of a federal corporations statute in 2001 has brought into question whether this power fits within the constitutional limitations that are imposed on federal law-making power. The suggestion has been raised recently that the power is so broad that it is constitutionally invalid. This article argues that the power is constitutionally valid principally on the basis that, despite its potential for broad application, the power has defined limits which retain its status as a judicial power.

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http://hdl.handle.net/10453/10532