Corporate Law Research Papers Website, Centre for Corporate Law and Securities Regulation and the Faculty of Law at The University of Melbourne

CLERPing the Panel

In October 1999, the CLERP legislation passed the Senate setting up a new Panel with new powers, operative from March of next year. While falling short of the ideal in some aspects, the new Panel represents a major advance on the hobbled Panel of the present. The Government should be congratulated for its courage. That the old Panel has recently performed as well as it has, most notably with the Wesfi decision, is a tribute to those that have had to grapple with its high hurdles for access and legalistic statutory procedures. This paper sketches some of the problems with which the new Panel will have to grapple, where its powers will be tested. It also points to some critical points if success is to be achieved.

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	CLERPing the Panel In October 1999, the CLERP legislation passed the Senate setting up a new Panel with new powers, operative from March of next year. While falling short of the ideal in some aspects, the new Panel represents a major advance on the hobbled Panel of the present. The Government should be congratulated for its courage. That the old Panel has recently performed as well as it has, most notably with the Wesfi decision, is a tribute to those that have had to grapple with its high hurdles for access and legalistic statutory procedures. This paper sketches some of the problems with which the new Panel will have to grapple, where its powers will be tested. It also points to some critical points if success is to be achieved. Download the paper This paper is in Adobe Acrobat PDF format. If you are unable to view the document, please download and install a copy of Acrobat Reader.