Implementation
There has been no formal government response to the ALRC report.
Electronic commerce
In July 1997, the Attorney-General established the Electronic Commerce Expert Group to consider legal issues arising from the development of electronic commerce. The Expert Group’s report, released in April 1998, was consistent with the ALRC Cross Borders report.
The Electronic Transactions Act 1999 (Cth), based on recommendations of the Electronic Commerce Expert Group, clarifies that a transaction is not invalid merely because it took place wholly or partly by means of electronic communications rather than paper documents. Under the Act, electronic transactions are recognised as meeting traditional legal requirements of writing, signature, the production of original documents and the retention of records. However, the Act only applies to business and consumer transactions with Commonwealth Departments and agencies. All States and Territories have implemented uniform legislation based on the Electronic Transactions Act 1999 (Cth).
The Attorney-General's Department e-Commerce homepage provides up-to-date information on electronic commerce issues.
Cross-border insolvency
ALRC 80 was completed before the UNCITRAL Model Law on Cross-Border Insolvency was finalised. The ALRC recommended that a high priority be given to involvement in the UNCITRAL Working Group on Insolvency with a view to adoption. UNCITRAL finalised and adopted its Model Law on Cross-Border Insolvency in May 1997.
The Cross-Border Insolvency Act 2008 (Cth), which incorporates the Model Law into Australian law, received assent in May 2008. The Act provides for a foreign representative commencing an insolvency proceeding in Australia in relation to a debtor that is subject to a foreign proceeding and provides for a foreign representative participating in an Australian insolvency proceeding in relation to that debtor. The Act also provides that foreign creditors have the same rights regarding the commencement of, and participation in, insolvency proceedings occurring in Australia as creditors domiciled in Australia.
Hague Service Convention
The ALRC also recommended that the Attorney-General should review the proposal that Australia should accede to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention) (Rec 9). The Convention makes serving documents in foreign countries quicker and cheaper by enabling them to be provided to a designated Central Authority in participating countries.
On 25 June 2009, the Hague Service Convention was tabled in the Australian Parliament, together with National Interest Analysis proposing that Australia become a party to the Convention. This represents the first step in the formal process for Australia's accession to the Convention. See the Attorney-General's media release on the tabling of the Convention.