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37 Bond L. Rev. 1 (2025)

handle is hein.journals/bondlr37 and id is 1 raw text is: 







THE EVOLUTION OF AUSTRALIAN

CORPORATE LAW - LOOKING BACK TO

LOOK AHEAD

AKSHAYA  KAMALNATH*


                                 Abstract

       This article aims to tell the story of the journey of Australian
       corporate law - its evolution, and the infrastructure supporting
       it (i.e., courts, regulator, and other bodies providing soft law/
       guidance). It argues that the history of a jurisdiction's corporate
       law journey is an important consideration while attempting to
       tackle corporate law challenges of the present and future. The
       challenges of the present and future are identified as sustainable
       businesspractices, changing shareholderprofile, and the impact
       of technology on corporate activity. While these challenges are
       global, ie all countries are grappling with them, Australia's
       response has to be suited to its own local realities and these
       realities are reflected in the story ofhow we gothere. In telling
       this story, the article discusses hard law, soft law, efforts to
       simplify the corporations statute by the Australian Law Reform
       Commission,  and the role ofthe courts and the market regulator
       in Australia. Finally, the article also contributes to the debate
       about corporate law convergencefrom  an Australian perspective.


















*  Associate Professor, The Australian National University, College of Law, and Academic
   Fellow of the Center for Retail Investors and Corporate Inclusion (RICI). I would like to thank
   Ross Grantham, Stephen Bottomley, Pauline Ridge, Will Bateman and Leonid Sirota for
   helpful discussions and/ or feedback on previous drafts. I am also grateful to the two
   anonymous reviewers.