LAWS2014 Lecture 1: 1- The Context of Australian Corporations Law
Document Summary
A company is a legal entity which is given rights and duties, much in the same way as natural people are. A corporation is defined to include a company (ca s 9 & 57a). A company is a group of persons registered by a government body and registered under the. The power to make laws with respect to companies under s 51(xx) uses the word. Formed , which has been construed as restricting the commonwealth from making laws with respect to incorporation itself (huddart v parker v moorehead; This lead to the states being largely responsible for company law. s 51(xx) conferred power with respect to foreign corporations and trading and financial corporation"s formed within the limits of the commonwealth . The courts have held that s 51(xx) does not empower the commonwealth to make laws with respect to the incorporation of trading and financial corporation"s; Huddart parker & co pty ltd v moorehead; nsw v commonwealth.
