How Popular are Statutory Derivative Actions in Australia? Comparisons with United States, Canada and New Zealand

On 13 March 2000, the statutory derivation action was introduced into Australia, effectively abolishing the rule in Foss v. Harbottle. This article examines in detail the derivative actions in the United States, Canada, New Zealand and Australia. The article also provides a discussion as to why statutory derivative actions in Australia will not be popular, drawing analysis from the Canadian and the New Zealand experiences. The author suggests that for derivative actions to be widely used, it may be necessary to adopt the United States approach on litigation costs