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Article

Disciplines

International Law

Abstract

In this article, I provide an Australian perspective on the regulation of corporate groups.3 Australia, like many other countries, still adheres in most respects to entity principles. Some judges have acknowledged the significant difficulties created by adherence to such principles. For example, in Qintex Australia Finance Ltd. v. Schroders Australia Ltd.,4 the legal dispute involved the identification of a particular corporation within a large corporate group, which had purchased a futures exchange contract. Many of the companies in the corporate group were insolvent. The judge commented on the evidence of one of the foreign exchange dealers in the treasury operations department of the bank which bought and sold futures exchange contracts on behalf of Qintex. The foreign exchange dealer stated: "[I]t was not my practice to ask which of the Qintex companies was responsible for the deal. I always treated the client as Qintex and did not differentiate between companies in the group.

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