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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For the individual contents pages for each Part, click here.
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.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding suggested priorities for the re-elected federal government. It also contains the following articles: “Remote signings under Australian law” – Bruce Whittaker; “Re-evaluating the elements of the insider trading offence: Should there be a requirement for the ‘possession’ of inside information?”– Juliette Overland and “Protecting consumers from unfair contract terms: Australian comparisons” – Paul Latimer. Also in this Part are the following sections: Contracts and Restitution: “Trusts, debt and powers of advancement: Fischer v Nemeske Pty Ltd” – James McComish; and New Zealand Newsletter: “The nature of reasonable credit fees” – Barry Allan.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of the Australian Business Law Review includes the following articles: “The evolution of the ‘substantial lessening of competition’ test – a review of case law” – Peter Armitage; “Do workplace policies form part of employment contracts? A working guide and advice for employers” – Mark Giancaspro; “Unravelling the muddles of summary dismissal under contracts of employment” – Victoria Lambropoulos; and “Research collaborations and ‘authorship’: Differentiating legal from management norms” – Elizabeth Adeney. Also in this Part is the following section: Banking and Finance: “Bankruptcy, social security and long term poverty: results from a survey of financial counsellors and consumer solicitors” – Paul Ali, Lucinda O’Brien and Ian Ramsay.
The latest Part of the Australian Business Law Review includes the following articles: “No more Mr Nice Guy: The implied duty to cooperate and remedying another party’s mistaken breach” – Matthew Lees; “Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure” – Vivien Chen, Ian Ramsay and Michelle Welsh; and “Section 92 of the Australian Constitution: The next phase” – Anthony Gray. Also in this Part are the following sections: Contracts and Restitution: “High Court declines to clarify the Codelfa ‘ambiguity principle'” – Troy Keily; and Privacy: “Private life in a digital world” by Margaret Jackson and Gordon Hughes – book review by Lauren Anderson.
The latest Part of the Australian Business Law Review includes the following articles: “US Supreme Court revises fraud on the market presumption: Ramifications for Australian shareholder class actions” – Michael Legg, John Emmerig and Georgina Westgarth; “Bank guarantees and the reasonable expectations of beneficiaries” – Bill Dixon; “Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor” – Ian Stewart; “Rural Press: A game of collusion” – Nicholas Twomey; and “Remote signing protocols for financing transactions” – The Walrus Committee. Also in this Part are the following sections: Media and Telecommunications: “Competition Law and Digital Disruption – Insights for Australia” – Dr Martyn Taylor; and Commercial Litigation: “Unions overplaying their hand? Terminating bargains in the mining sector – An analysis of Re Aurizon Operations Ltd  FWCFB 540 – Louise Floyd.
The latest Part of the Australian Business Law Review includes the following articles: “Good faith in Australian contract law after Barker” – Anthony Gray; ““Re-thinking” the influence of regulatory capture in the development of government regulation” – Kerrie Sadiq and Janet Mack; and “Regulating unilateral supermarket misconduct as customer/acquirer of goods and services” – Stephen Corones. Also in this Part are the following sections: Media and Telecommunications: “Competition Law and Digital Disruption – International Trends” – Martyn Taylor; and a Book Review: “Anti-cartel Enforcement in a Contemporary Age” – Caron Beaton-Wells and Christopher Tran, reviewed by Ian Stewart.