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Deepening Clouds over the Corporations Law

by Marion Hetherington

The High Court's decision in Hughes deepened the clouds that had already gathered over the validity of the Corporations Law system following Wakim. The Australian immediately urged Australia's governments to "rethink and rework corporate regulation" to meet the needs of the economy: "To support business confidence and investment, Australia needs a system of corporate regulation where nationwide laws are enforced and applied consistently" (The Australian, 4/4/00 pp 10 and 24). But in the ensuing three months what we have seen instead is a power struggle between the Commonwealth and the eastern states on the one hand, and the States of Western Australia and South Australia on the other.

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