While conducting some research on extraterritorial copyright infringement, I noticed a new bill that was tabled in the Commonwealth Parliament today. The Cross-Border Insolvency Bill 2007 (Cth) (second fireading speech) is essentially designed to transplant the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law into Australian law. Among its more interesting provisions are an implied repeal of the Corporations Act 2001 (Cth) to the extent of inconsistency and the availability of various procedural rights to foreign creditors. However, I found this (art 21(g) of sch 1) rather amusing:
(g) Granting any additional relief that may be available to [insert the
30 title of a person or body administering a reorganization or liquidation under the
31 law of the enacting State] under the laws of this State.
Although, by s 11 of the bill, these references are to be taken as referring to the trustee or liquidator under Australian insolvency law, it looks like the Attorney-General’s department forgot to fill out the Treaty template completely. I would be most aggrieved if it was enacted in its present form — never mind the woeful indentation and improper numbering formats. Such criticisms are not mere pedantry — from a federal legislature enacting law of definite application one expects better.
