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CROSS-BORDER INSOLVENCY ACT 2008 - SECT 10

Courts competent to perform functions under Model Law

    The following courts are taken to be specified in Article 4 of the Model Law (as it has the force of law in Australia) as courts competent to perform the functions referred to in the Model Law relating to recognition of foreign proceedings and cooperation with foreign courts:

  (a)   if the functions relate to a proceeding involving a debtor who is an individual--the Federal Court of Australia;

  (b)   if the functions relate to a proceeding involving a debtor other than an individual:

  (i)   the Federal Court of Australia; and

  (ii)   the Supreme Court of a State or Territory.

Note:   References in the Model Law to a court or the court are, because of this section, to be read as references to the Federal Court of Australia or the Supreme Court of a State or Territory.


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