Tomasic, Roman (2006) The modernisation of corporations law: corporate law reform in Australia and beyond. Australian Journal of Corporate Law, 19 (1). pp. 2-34. ISSN 103-4124

Abstract

The modernisation of corporate laws is a theme that has frequently stirred the imaginations of legal scholars, law reformers and policy analysts. However, the precise meaning and implications of modernisation are not always clear or well thought through. Each jurisdiction has its own particular characteristics, although there are clearly significant forces seeking to bring about a convergence in the form and content of different bodies of corporate law. Whether this is meaningful or necessary to achieve economic gains is a question that is rarely given the consideration that it deserves. This paper seeks to look at some recent efforts to apply the rhetoric of modernization to corporate law reform, with particular attention being given to the Australian corporate law reform experience since the early 1990s. An effort is also made in this paper to place this into the context of the wider theoretical debate about the modernisation of law.

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