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Cross-Border Insolvency Act 2008
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Administered by
Department of the Treasury
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C2021C00032 C07
18 December 2020
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Part 1—Preliminary
1 Short title
2 Commencement
3 Crown to be bound
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Part 2—Model Law on Cross-Border Insolvency
5 Definitions
6 Model Law to have force of law in Australia
7 References in Model Law to this State
8 Identifying Australian laws relating to insolvency
9 Entities that are not covered by the Model Law
10 Courts competent to perform functions under Model Law
11 Functions of the trustee (in bankruptcy proceedings) and the registered liquidator (in corporate insolvencies)
12 Access of foreign creditors to Australian insolvency proceedings
13 Application for recognition of foreign proceeding
14 Subsequent information
15 Relief that may be granted upon application for recognition of a foreign proceeding
16 Effects of recognition of a foreign main proceeding
17 Actions to avoid acts detrimental to creditors
18 Forms of cooperation
19 References to laws/law of this State and courts of this State
20 Application
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Part 3—Interaction with other Acts
21 Interaction with the Bankruptcy Act 1966
22 Interaction with the Corporations Act 2001
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Part 4—Regulations
23 Regulations
Schedule 1—Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history