Trading Places: Thoughts on Federal and State Jurisdiction in Corporate Law after Re Wakim
File version
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Stapledon, G.
Date
Size
File type(s)
Location
License
Abstract
Federal systems enable the minimisation of cross-border externalities and the exploitation of economies of scale. Because of the limited information or foresight of the founding fathers, various inefficiencies arise over time. One means of addressing these is "constitutional trade" between State and federal governments. In this article, I explore the effect of constitutional interpretation on these trades, illustrated by reference to the decision in Re Wakim. After criticising the High Court's decision, I discuss two means of addressing the case's inefficiency, including Commonwealth legislation under the corporations power, and enabling the parties to corporate contracts to take responsibility for forum selection.
Journal Title
Company and Securities Law Journal
Conference Title
Book Title
Edition
Volume
17
Issue
8
Thesis Type
Degree Program
School
Publisher link
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
Item Access Status
Note
Access the data
Related item(s)
Subject
Accounting, Auditing and Accountability
Law