The Statutory Derivative Action In Australia: An Empirical Review of its Use and Effectiveness in Australia in Comparison To The United States, Canada and Singapore

Melissa Hoffman

Document Type Journal Article

Abstract

This article reviews the use of the statutory derivative action (SDA) in Australia and assesses its success in Australia compared to its impact in the United States, Canada, Japan, Germany, France, New Zealand, Malaysia, India and Singapore. Each jurisdiction’s standing, leave and notice requirements, together with the costs issue are covered. The article also addresses criticisms by commentators that the statutory derivative remedy has little practical use and that there are other remedies already available to address corporate wrongs.

 

This document has been peer reviewed.