The Modernization of Corporations Law: Corporate Law Reform in Australia and Beyond

31 Pages Posted: 13 Jul 2009 Last revised: 20 Jul 2009

See all articles by Roman Tomasic

Roman Tomasic

University of South Australia; Durham University - Law School

Date Written: 2006


The modernization 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 modernization 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 modernization of law.

Keywords: Corporations Law, Modernization, Corporate Law Reform, Legal Theory

JEL Classification: K22, P11, P50

Suggested Citation

Tomasic, Roman A., The Modernization of Corporations Law: Corporate Law Reform in Australia and Beyond (2006). Australian Journal of Corporate Law, Vol. 19, No. 1, pp 2-34, 2006, Available at SSRN:

Roman A. Tomasic (Contact Author)

University of South Australia ( email )

GPO Box 2471
City West, 5001

Durham University - Law School ( email )

Palatine Centre
Stockton Road
Durham, Durham
United Kingdom


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