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 Emeritus Professor 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 – Emeritus Professor Philip 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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To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
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.
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.
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.
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.
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)  FCA 96” – Michael Legg.
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.
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.