Australian Business Law Review (ABLR)
Leading articles on relevant issues in areas including competition and consumer, taxation, corporate, environment (and related) law
About the Journal
As one of Australia’s most cited legal journals, the Australian Business Law Review’s reputation is well deserved. Each issue includes articles on business practices and commercial law in Australia and overseas.
The Australian Business Law Review (ISSN: 0310-1053) features commentary from Australia’s prominent commercial lawyers, presenting different views on the many elements of business law, concentrating in particular on competition and consumer law (both from an Australian and overseas perspective), regulation of business in various areas including environment protection, occupational health and safety, corporate law and taxation, as well as other emerging areas of business regulation.
In addition to the Articles, Section Notes provide coverage of a wide range of business law topics and also deal specifically with New Zealand, while Book Reviews on recently published business law titles feature regularly.
Michael Terceiro is a competition and consumer lawyer who has run his own legal practice Terceiro Legal Consulting for over 10 years. Michael is also the Deputy Chair of Small and Medium Enterprise Committee (SME Committee) of the Law Council of Australia and the Deputy Chair of the Mortgage and Finance Association of Australia (MFAA) Disciplinary Tribunal.
Michael earned his Bachelor of Arts and Bachelor of Laws (Hons) at Macquarie University, and completed his Master of Laws at the University of Sydney, a Professional Certificate in Arbitration at the University of Adelaide and a Master of Dispute Resolution (With Excellence) at the University of New South Wales. Michael will also be commencing a PhD in Law through the University of NSW in 2019.
Prior to setting up his own practice, Michael worked at the Australian Competition and Consumer Commission (ACCC) for 15 years in a number of senior positions including as a Director of Enforcement and Compliance, the Director in charge of the Sydney Mergers and Asset Sale Branch, the National GST Enforcement Coordinator and the Director in charge of the ACCC’s Waterfront Team during the Waterfront Dispute.
Michael authored the Anticompetitive Agreements and Secondary Boycotts chapters of the CCH Australian Competition and Consumer Law Reporter. He has also written numerous articles for Lexis Nexis, CCH’s Australian Competition & Consumer Law Reporter and Tracker, the NSW Law Society Journal, Impact! A National Journal of Environmental Law, and the Keeping Good Companies publication.
Stephen Corones, Adjunct Professor, Faculty of Law, QUT
Professor Rex Ahdar (New Zealand)
Associate Professor Paul Ali (Victoria)
Michael Borsky QC (New South Wales)
Jeffrey Hilton SC (New South Wales)
Dr R Ian McEwin (Singapore)
The Hon Justice Ralph Simmonds (Western Australia)
Professor Frank Zumbo (New South Wales)
Banking and Finance Law – Associate Professor Andrew Godwin
Book Reviews – Dr Rob Nicholls
Commercial Litigation – Professor Michael Legg
Company Law and Securities – Dr Olivia Dixon
Competition Law and Market Regulation – Professor Brent Fisse
Consumer Protection – Professor Jeannie Paterson
Contract and Restitution – Professor Phillip Clarke
Franchising and Small Business – Professor Jenny Buchan
Insurance and Transport – Professor Julie-Anne Tarr
Industrial and Workplace Relations Law – Dr Victoria Lambropoulos
Intellectual Property Law – Campbell P Thompson
Media and Telecommunications – Dr Martyn Taylor
New Zealand Newsletter – Professor Rex Ahdar
Privacy – Dr Normann Witzleb
The consolidated table of authors and articles for this Journal is available here.
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
The latest Part of the Australian Business Law Review includes the following articles: “Finding the Balance between Profit and Purpose: Should Australia Create a Legal Structure for Social Enterprise?” – Alice Klettner; “Sponsor Pressure to Discipline Employees Who Have Expressed Unwelcome Views and Reform of the Business Torts in Australia” – Anthony Gray; “Proof of Collusion: The Evidentiary Options When There Is No “Smoking Gun”” – Genevieve Rahman and Tina Sun; and “”Fair in All the Circumstances”: AFCA’s Discretion to Resolve Disputes” – Nick Beaumont SC. Also in this Part are the following sections: Editorial by Michael Terceiro; and Franchising and Small Business: “Australia’s Franchising Code of Conduct Review – a Continuation Down the Path of Jamming a Square Peg into a Round Hole?” – Jenny Buchan.
The latest Part of the Australian Business Law Review includes the following articles: “‘Why Not Litigate?’ – The Royal Commission, ASIC and the Future of the Enforcement Pyramid” – Michael Legg and Stephen Speirs; “The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed ‘Unwelcome’ Religious Views” – Anthony Gray; “Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency” – Jodi Gardner and Kanchana Kariyawasam; and “The Legal Implications of E-commerce for the Australian Franchise Sector” – Zhanna Kremez, Kanchana Kariyawasam and Lorelle Frazer. Also in this Part are the following sections: Consumer Protection: “Penalising the Inclusion of Unfair Terms in Standard Form Small Business Contracts – A Critical Analysis” – Mark Lewis; Industrial and Workplace Relations Law: “Small Business and Unfair Dismissal: A Review of the Australian Small Business and Family Enterprise Ombudsman’s Proposed Reforms” – Victoria Lambropoulos; and Book Review: “The Legitimacy and Responsiveness of Industry Rule-making”, by Karen Lee – Reviewed by Rob Nicholls.
The latest Part of the Australian Business Law Review includes the following articles: “Utmost Good Faith and Accountability in the Spotlight of the Banking Royal Commission – Time to Revisit the Scope, Applicability and Enforcement of the Duty” – Julie-Anne Tarr, Jeanette Van Akkeren, Amanda-Jane George and Sue Taylor; “Blowing the Whistle: A Critical Analysis of the Treasury Laws Amendment (Enhancing Whistleblowing Protections) Act (Cth) 2019” – David A Chaikin; “A Game-changer or a Routine Drill? Cooperation in the Indo-Pacific Securities Markets” – Sonia Khosa; and “The ‘National Interest’ and Australian Agriculture” – Leopold Oscar Bailey. Also in this Part is this section: Competition Law and Market Regulation: “Australian Competition and Consumer Commission v Pacific National Pty Ltd (No 2)  FCA 669: Access Undertaking Derails ACCC Case Under S 50” – Brent Fisse.
The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Selling Printed Goods or Facilitating Printing Gigs: The Redbubble Puzzle” – David J Brennan; “The 2018 Review of the Franchising Code of Conduct: Epicentre of a Year of Scrutiny for Australian Franchising” – Jenny Buchan; “Confessions of an Earnest Regulator” – Michael T Schaper; and the following sections: Competition Law and Market Regulation: “Harper Report Implementation Breakdown: Repeal of Section 51(3) of Competition and Consumer Act 2010 (Cth) and Lack of Proposed Supply/Acquisition Agreement Cartel Exception” – Brent Fisse; and Commercial Litigation: “The Privileges against Self-incrimination and Self-exposure to Penalties in Commercial Litigation: Sadie Ville v Deloitte” – Michael Legg and Stephanie Crosbie.
The latest Part of the Australian Business Law Review includes an Editorial by Michael Terceiro. It also contains the following articles: “Cartel Conduct or Permissible Joint Venture?” – Ian Wylie; “The Origins and Evolution of the Statutory Duties of Trade Union Officers” – Ian Ramsay and Miranda Webster; “Chains, Coins and Contract Law: The Validity and Enforceability of Smart Contracts” – Buwaneka Arachchi; the following section: Competition Law and Market Regulation: “Should Penalties Under the Competition and Consumer Act Be Increased?” – Luke Woodward (edited by Brent Fisse); and guidelines for submitting ABLR book reviews.
The latest Part of the Australian Business Law Review includes the following articles: “Commercial Imperatives and Public Benefit: Recognising Commercial Purposes as Charitable Purposes” – Derwent Coshott; “Moving Beyond Murry – From Attraction of Custom to Everything that Adds Value” – Tyrone M Carlin; and “‘Knowledge’ and Pre-contract Disclosure under the Insurance Contracts Act” – Julie-Anne Tarr. Also in this Part are the following sections: Acknowledgments; and Company Law and Securities: “Protecting Whistleblowers: A Critical Analysis of Mandatory Corporate Whistleblower Policies” – Sonny Scott.
The latest Part of the Australian Business Law Review includes the following articles: “Chinese State-Owned Enterprises and Foreign Investment Regulation in Australia” – Ling Ling He; “The Hidden Dimension of Business Bankruptcy in Australia” – Lucinda O’Brien, Ian Ramsay and Paul Ali; and “All Fun and Games until Someone Gets Hurt: The Legal Limits to Liability for Participants in Australian Sport” – Kyle Rowston-Wolcott, Giuseppe Carabetta, Zoe Fitzpatrick and Christina Plessas. Also in this Part are the following sections: Acknowledgements; and Competition Law and Market Regulation: “Authorisation and Media Diversity and Quality: NZME and Fairfax (2018)” – Brent Fisse.
The latest Part of the Australian Business Law Review contains the following articles: “A Conceptual Assessment of Board Skills in ASX 100 Companies” – Thea Voogt; and “Gender Disparity in Cartel Conduct” – Andrew Christopher and Sarah Andrew. It also contains the following sections: Commercial Litigation: “Australian Federal Court Reforms Class Actions Settlement Practice” – Michael Legg and John Emmerig; and Acknowledgments.
The latest Part of the Australian Business Law Review includes tributes to the late Professor Bob Baxt AO. It contains the following articles: “Pre-contractual Due Diligence by Franchisees and Independent Small Business Buyers” – Lorelle Frazer, Jenny Buchan, Scott Weaven, Binh Tran-Nam and Anthony Grace; “The Enterprise Risk Theory of Vicarious Liability” – Anthony Gray; and “Lessons for Market Definition from Air Cargo” – Rhonda L Smith and Arlen Duke. It also contains the following sections: Competition and Consumer Law – Brent Fisse; and Book Review.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Implementing Competition Law in Developing Countries: Barriers to Success and the Role of Technical Assistance” – Kate James; “The Reasonableness of Restraints: An Analysis of the Enforcement of Post-Employment Restraints” – Ian Neil SC and Nicholas Saady; “Curing Defective Registrations in the Personal Property Securities Register” – Andrew Berriman; and “How Should Directors Tackle Cyber Risks?” – James Duffy.