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.
Professor Robert Baxt AO is Emeritus Partner at Freehills. He is the immediate past Chairman of the Business Law Section of the Law Council of Australia and Chairman of the Law Committee of the Australian Institute of Company Directors. He was the founder of the Banking and Financial Services Law Association (BFSLA) and the founding editor and now the General Editor of both the Company and Securities Law Journal and the Australian Business Law Review. He has also been honoured in the Queen’s Birthday Honours Awards by being awarded an Order of Australia for services to the law.
Professor Baxt is also Consulting Editor for the Journal of Banking and Finance Law and Practice and author and co-author of a number of publications, including The Baxt Report and Corporations Legislation Annual.
Stephen Corones, Adjunct Professor, Faculty of Law, QUT
Professor Robert Baxt AO (Victoria)
Dr R Ian McEwin (Singapore)
Professor Philip Clarke (Victoria)
Andrew Rogers QC (New South Wales)
Jeffrey Hilton SC (New South Wales)
Professor Rex Ahdar (New Zealand)
The Hon Justice Ralph Simmonds (Western Australia)
Banking and finance – Associate Professor Paul Ali
Book reviews – Peter Lithgow
Commercial litigation – Professor Robert Baxt AO
Company law and securities – Professor Robert Baxt AO
Competition law and market regulation – Brent Fisse
Consumer dealings – Chris Field
Contracts and restitution – Michael Borsky
Franchising – Frank Zumbo
Industrial law and relations – Dr Victoria Lambropoulos
Insurance and transport – Professor Julie-Anne Tarr
Intellectual property law – Campbell Thompson
Media and telecommunications – Dr Martyn Taylor
New Zealand newsletter – Professor Rex Ahdar
Occupational health and safety – Barry Sherriff
Privacy – Normann Witzleb
The consolidated table of authors and articles for this Journal is available here.
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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.
Featuring an obituary penned by the Hon Reg Barrett, the Australian Law Journal has joined the legal profession in paying tribute to Professor Bob Baxt AO, one of the Journal’s most longstanding section editors and contributors, following the news of his passing on 11 March 2018.
Thomson Reuters was saddened to learn of the passing of Professor Bob Baxt AO on 11 March 2018. “Professor Baxt was renowned for his longstanding commitment and contribution to business law in Australia,” the Managing Director of Thomson Reuters Legal ANZ, Jackie Rhodes said. “He was one of our leading authors and will be greatly missed by all.”
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “A Code of Conduct for Supermarket-Supplier Relations: Has it Worked?” – Caron Beaton-Wells and Jo Paul-Taylor; “Non-profit? It’s Not What You Think it Means” – Jason Mitchell; “A Critical Assessment of Shareholder Class Action Settlements – The Allco Class Action” – Michael Legg. Also in this Part are the following sections: Company Law and Securities: “Commentary on Aspects of The Murray Report and the Proposed Whistleblowing Legislation” – Bob Baxt AO; Competition Law and Market Regulation: “Ten Years On, There is Still a Need to Modernise Regulation of Australian Business” – Professor Bob Baxt AO.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Unintended Consequences: The Effects of Voiding Ipso Facto Clauses in Business Format Franchise Agreements” – Rob Nicholls and Jenny Buchan; “Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying” – Colette Langos and Mark Giancaspro; and “Recent PPSA Reform Initiatives in Canada” – Anthony Duggan. Also in this Part is the following section: Competition Law and Market Regulation: “The First Cartel Offence Prosecution in Australia: Implications and Non-implications” – Brent Fisse.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Section 46: Its Purpose and the Proposed New Effects Test” – Julie Clarke; “Beyond Lawyers: Legal Literacy for the Future” – Brett Freudenberg; “The Contract Risks to Universities of Work-Integrated Learning Programs” – Craig Cameron. Also in this Part is the following section: Insurance and Transport: “Insurance and Third-Party Litigation Funding in Australia: The Desirability or Otherwise of a Common Regulatory Framework?” – Julie-Anne Tarr.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “In with the Old, Out with the New? The Rights of a Replaced Trustee Against its Successor, and the Characterisation of Trustees’ Proprietary Rights of Indemnity” – Diccon Loxton; “An Analysis of the Inconsistencies Regarding the Co-regulatory Environment for Registered Company Auditors in Australia” – Max Bessell, Lisa Powell and Grant Richardson; “Accountability and Retrospective Legislation – Implications for Directors, Officers and Third Parties” – Julie-Anne Tarr and Gavin Nicholson. Also in this Part are the following sections: Company Law and Securities: “Recent Developments in Corporate and Securities Law” – Bob Baxt AO; New Zealand and Other Jurisdictions: “Papua New Guinea’s consumer and competition framework review” – Andrew F Simpson and Brent Fisse; “Concentrated News Media Ownership after the NZME/Fairfax Merger” – Rex Ahdar.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Foreign Bribery Regulation in Australia and ‘Stepping Stones’ Director Liability” – Vivienne Brand; “Insider Trading, Materiality and the Reasonable Person: Who Must Be Influenced for Information to Have a ‘Material Effect’?” – Juliette Overland; “Termination for Convenience or Not?” – William Dixon; and “Alternative Dispute Resolution in Public, Essential and Emergency Services” – Giuseppe Carabetta. Also in this Part are the following sections: Competition Law and Market Regulation: “The Productivity Commission’s Recommendations on the Intellectual Property Exemption under the Competition and Consumer Act” – Brent Fisse; Industrial and Workplace Relations Law: “Exercising the Wisdom of Solomon: The Fair Work Commission’s Penalty Rates Decision” – Dr Victoria Lambropoulos; and Intellectual Property Law: “The Death of Innovation (Patents) in Australia?” – Campbell Thompson.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Strategically Deterring Generic Entry Ahead of Patent Expiry: A Competition Law Antidote? Assessing Australian Pharmaceutical Antitrust Enforcement after ACCC v Pfizer” – Colette Downie; “Marine Insurance Law Reform in Australia – a Following Sea” – Julie-Anne Tarr; “Registered Charities and Governance Standard 5: An Evaluation” – Ian Ramsay and Miranda Webster; and “Australian Charities and Not-for-profits Commission: Enforcement Tools and Regulatory Approach” – Marina Nehme. Also in this Part is the following section: Privacy Law: “‘Personal information’ under the Privacy Act 1988 (Cth) – Privacy Commissioner v Telstra Corporation Ltd  FCAFC 4” – Normann Witzleb.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Penalties and the Question of Breach” – Anthony Gray; and “Overseas Buybacks on the ASX: Disclosure Requirements and Signalling Impact” – Mark Holub and Jason Mitchell. Also in this Part are the following sections: Competition Law and Market Regulation: “The High Court Decision in ACCC v Flight Centre – Crash Landings Ahead?” – Brent Fisse; and New Zealand Newsletter: “Are Gains to Foreign Owners “Public Benefits” in Authorisation Proceedings under the Commerce Act 1986?” – Rex Ahdar.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding various recent developments. It also contains the following articles: “Retention of old titles: Pre-PPSA retention of title agreements and unfair preferences” – Chris Pearce; “Injunctions restraining the enforcement of letters of credit and performance guarantees: The Australian experience” – Thanuja Rodrigo; and “Data and information collected by genetically modified organism suppliers: For whose benefit? – Charles Lawson. Also in this Part is the following section: Company Law and Securities: “Judicial recognition of indirect causation and shareholder class actions” – Michael Legg and Madeleine Harkin.