Australian Business Law Review update: Vol 48 Pt 6
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
Australian Business Law Review update: Vol 48 Pt 5
The latest Part of the Australian Business Law Review includes the following articles: “Free Speech and Secondary Boycott Activity in Australia” – Anthony Gray; “An Examination of Legal Values in Statutory Unconscionable Conduct” – Peter Toy; “The Illusion of Control” – Radha M Pull ter Gunne; and “Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure” – Akshaya Kamalnath. Also in this Part are the following sections: Editorial – Michael Terceiro; Competition Law and Market Regulation: “Misuse of Market Power: Improving the Australian SLC Model” – Brent Fisse; and Banking and Finance: “A Modern Approach to Regulation: Integrating Law, System Architecture and Blockchain Technology in Australia” – Marcus Smith.
Australian Business Law Review update: Vol 48 Pt 4
The latest Part of the Australian Business Law Review includes the following articles: “Might Superannuation Trustees Owe a Duty to Merge?” – M Scott Donald; “The Challenges of Industrial Revolutions: Luddism and Tax Reform” – Kerrie Sadiq and Bronwyn McCredie; “The Frontiers of Restraint of Trade Litigation Protecting Goodwill: Policy, Principles and Practice” – Michael Tamvakologos; “From Little Things Big Things Grow: Australia’s Evolving Copyright Site-Blocking Regime” – Cheryl Foong and Joanne Gray; and “The Australian and United States Approaches to National Security and Foreign Investment Regulation” – Nicholas Felstead. Also in this Part is an Editorial by Michael Terceiro.
Australian Business Law Review update: Vol 48 Pt 3
The latest Part of the Australian Business Law Review includes the following articles: “The Mandatory Repair Scheme for Motor Vehicles 2019: Australia’s First Response to the International Right to Repair Movement?” – Leanne Wiseman, Kanchana Kariyawasam and Lucas Davey; “Working for the Brand: The Regulation of Employment in Franchise Systems in Australia” – Tess Hardy; “Fair Work Bargaining for Police: A Proposal for Reform” – Giuseppe Carabetta; and “Are the “Efficiently, Honestly and Fairly” and Unconscionable Conduct Civil Penalty Provisions Equally as Effective in Combating Unfair Practices By Licensees?” – Jessica Zarkovic. Also in this Part are the following sections: Editorial by Michael Terceiro; Competition Law and Market Regulation: “Natural Meaning Equals Natural Monopoly: New Declaration Criteria for Access to Services under the Competition and Consumer Act” – Michael Gvozdenovic; and Company Law and Securities: “ASIC v King – The High Court Clarifies Who Is an “Officer” of a Corporation” – Jennifer Chambers, Michael Legg and Lindsay Stankovic.
Australian Business Law Review update: Vol 48 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “COVID-19, JobKeeper and Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law” – Victoria Lambropoulos; “The Contractual Impact of COVID-19 on Corporate and Financial Transactions” – Andrew Godwin; “The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector” – Jenny Buchan and Rob Nicholls; “Courts, Mediation and COVID-19” – Tania Sourdin and John Zeleznikow; “Commercial Litigation and COVID-19 – the Role and Limits of Technology” – Michael Legg and Anthony Song; “Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis” – Alex Jane and Jeannie Marie Paterson; “Prepayments, the ACL and the ASIC Act” – Philip H Clarke; “COVID Collaboration and Competition Policy: Authorisation vs Forbearance as Crisis Responses” – David Howarth and Harriet Alexander; and “Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry” – J Tarr, A Tarr and K Paynter. Also in this Part is an Editorial by Dr Victoria Lambropoulos.
Australian Business Law Review update: Vol 48 Pt 1
The latest Part of the Australian Business Law Review includes the following articles: “The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views” – Ian Ramsay and Stacey Steele; “To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions” – Bethany Moore; “Reforming Private Whistleblower Protections – What Next in Australia?” – David A Chaikin; and “Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018” – Tony Ciro and Bülend Terzioglu. Also in this Part are the following sections: Editorial by Michael Terceiro; Consumer Protection: “Making Liars of Us All!” – Ian Tonking SC; and Commercial Litigation: “In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96” – Michael Legg.
Australian Business Law Review update: Vol 47 Pt 6
The latest Part of the Australian Business Law Review includes the following articles: “Function, Form, Fixed, Floating and Forge: Filtering Out Pre-PPSA Concepts in a Post-PPSA World” – Linda Widdup; “The Floating Charge under the PPSA: The Current State of Play” – Sheelagh McCracken; “Registration Errors under the PPSA: A Case Law Inventory and Analysis” – Martin Lovell and Oliver Radan; and “The Use of Overseas Case Law in the Australian PPSA” – David Brown. Also in this Part is an Editorial.
Australian Business Law Review update: Vol 47 Pt 5
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.
Australian Business Law Review update: Vol 47 Pt 4
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.
Australian Business Law Review update: Vol 47 Pt 3
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) [2019] FCA 669: Access Undertaking Derails ACCC Case Under S 50” – Brent Fisse.
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