CROSS-BORDER INSOLVENCY ACT 2008

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Crown to be bound  

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  

PART 3--INTERACTION--WITH OTHER ACTS

• 21 Interaction with the Bankruptcy Act 1966  
• 22 Interaction with the Corporations Act 2001  

PART 4--REGULATIONS

• 23 Regulations  
• SCHEDULE 1 Model Law