The Evolution of the Australian Derivative Action: Floodgates to Shareholder Activism?

This paper will first introduce the notion of a derivative action and examine the evolution of derivative action in Australia, from the general law to its current statutory form. It will highlight the perceived inadequacies of the former and the attempts of the statutory regime in curing its predecessor's defects. It will analyse these distinctions, coming to a conclusion that the statutory approach does little more than encapsulate and lend clarity to the position at general law in Australia and as far as current research suggests, does not lead to shareholder activism.