Determining Secondary Liability: In Search of Legislative Coherence
MELBOURNE UNIVERSITY LAW REVIEW | Melbourne University, Law Review Association | Published : 2019
Australia is arguably in the midst of a legislative boom to improve recovery for creditors through the imposition of secondary liability. The aim is to overcome ‘sharp corporate practice’ by imposing liability on an outside party for the default of a primary debtor. However, recent reforms are noticeably dissimilar without apparent reason, and contribute to an incoherent approach to the law in this area. This paper makes the case for secondary liability laws which are consistent (as far as circumstances allow), intelligible, and informed by principle based on articulated policy objectives. This approach will produce benefits for both drafters and enforcers of the law.
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Awarded by Australian Research Council
LLB (Hons) (Melb), Grad Dip Bus (Acc), LLM, PhD (Monash); Professor, Melbourne Law School, The University of Melbourne. The author thanks the Australian Research Council for its financial support: DP140102277, 'Phoenix Activity: Regulating Fraudulent Use of the Corporate Form'.