Commonwealth Consolidated Acts

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CROSS-BORDER INSOLVENCY ACT 2008 - SECT 12

Access of foreign creditors to Australian insolvency proceedings

  (1)   For the purposes of Article 13 of the Model Law (as it has the force of law in Australia), the alternative wording set out in footnote 2 to the Model Law replaces paragraph   2 of that Article.

  (2)   For the purposes of the replacement paragraph, the claims of foreign creditors, other than those concerning tax and social security obligations, must not be ranked lower than the unsecured claims of other creditors solely because the creditor concerned is a foreign creditor.


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