Statutory injunction - call for amendment to s 1324 of the Corporations Act

Thai, Lang 2006, Statutory injunction - call for amendment to s 1324 of the Corporations Act, Company and securities law journal, vol. 24, no. 1, pp. 41-55.

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Title Statutory injunction - call for amendment to s 1324 of the Corporations Act
Author(s) Thai, Lang
Journal name Company and securities law journal
Volume number 24
Issue number 1
Start page 41
End page 55
Publisher Lawbook Co
Place of publication Sydney, N.S.W.
Publication date 2006-02
ISSN 0729-2775
Summary It is well documented that s 1324 is a useful tool for restraining a person from engaging in conduct that contravenes the Corporations Act 2001 (Cth). Without examining the provision, one tends to agree with that statement. In practice, however, the provision does not often provide the outcome that is expected. The author argues that the lack of use of s 1324 is due to the uncertainty and ambiguity in the application of the provision. Unlike with ASIC, the test that a person must satisfy when applying for an injunction is not clear cut. Whether damages could be claimed under s 1324 in place of an injunction is also unclear. The article sets out to argue that some integration with the equitable principles is vital for the survival of s 1324, as injunctions are traditionally a remedy conferred in equity and the Parliament has adopted the concept.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2006, Lawbook co.
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Document type: Journal Article
Collections: Faculty of Business and Law
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