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 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.
The latest Part of the Australian Business Law Review includes the following content: “The significance of food fraud in Australia” – Janine Curll; “Team-based professional sporting competitions and work, health and safety law: Defining the boundaries of responsibility” – Eric L Windholz; “Force majeure clauses, multiple contracts and allocating shortfalls between customers” – Lynsey Edgar; “International commercial arbitration – a critique” – David Bailey; Industrial and Workplace Relations Law “Discussion paper: Options for Law Reform, Royal Commission into Trade Union Governance And Corruption”.
The latest Part of the Australian Business Law Review includes the following articles: “A quick fix? Credit repair in Australia” – Paul Ali, Lucinda O’Brien and Ian Ramsay; “Giving competition a sporting chance? The role for antitrust laws in promoting competition from new sporting leagues in Australia and the United States” – Danielle Wood; “The case against “French J’s arsonist”” – Katharine Kemp; and “Implied terms in contracts: Australian law” – J W Carter and Wayne Courtney.
Thomson Reuters is pleased to announce the appointment of Victoria Lambropoulos as Section Editor of the Employment and Industrial Law Section of Australian Business Law Review. Victoria Lambropoulos is a Barrister and a senior lecturer at Deakin University in Melbourne where she teaches Workplace and Corporations Law. She is also the immediate past President of ...more
The latest Part of the Australian Business Law Review includes the following articles: “Information exchange, hub and spoke arrangements and collusion” – Rhonda L Smith and Arlen Duke; “Reinvigorating the trade and commerce power” – Anthony Gray; “Could Canadian-style interest arbitration work in Australia?” – Anthony Forsyth; “The duty to act in the best interests of the public entity – a regulatory analysis” – Marco Bini; and “Issues at the end of a franchising relationship” – Andrew Terry and Maree Chetwin. There is also an editorial and an Insurance Law section.
The latest Part of the Australian Business Law Review includes the following articles: “Contrary to fact: Competition, market power, and the use and abuse of the counterfactual test in s 46” – Ian B Stewart; “A view of the macrocosm of international cartel enforcement: How the boomerang of cross-border disclosure springs back to its domestic context” – Laura Guttuso; and “Stamping out rubber-stamped penalties? Determining an appropriate judicial response to agreed penalties in civil penalty settlements” – Samantha Teong. Also in this Part is an Insurance Law section looking at Insurance Contracts Act Reform.
The latest Part of ABLR includes the following articles: “The ACCC: Roots and branches – proposals to enhance ACCC effectiveness” – Caron Beaton-Wells; “Roots, branches and other objects – one step beyond the Harper Review?” – I S Wylie; “Online dispute resolution: The advantages, disadvantages, and the way forward” – Anthony John Sissian; “Challenges facing the notariat in Australasia in the 21st century” – Noel Cox; and “Dashed expectations? The impact of civil liability legislation on contractual damages for disappointment and distress” – Sonia Walker and Kate Lewins; and the following sections: Intellectual Property Law: “Why is an isolated segment of human DNA patentable under Australian law but not under United States law?”; Competition Law and Market Regulation: “Competition Policy Review: Draft recommendations on competition laws”; and Company and Securities Law: “The government response to the Senate Economic References Committee Report into the Australian Securities and Investments Commission”.
The latest Part of the Australian Business Law Review includes the following material: “Uncovering the roots of Australia’s misuse of market power provision: Is it time to reconsider?” – Katharine Kemp; “Corporate whistleblowing: Public lessons for private disclosure” – Sulette Lombard and Vivienne Brand; ““Flogging a dead horse”: Artificial insemination, breeding standards and antitrust” – Shirley Quo; “Should the practical benefit principle extend to contract formation?” – Mark Giancaspro; Consumer Dealings: “Inquiry into Micro-economic reform in Western Australia” – Chris Field and Tracey Atkins; Privacy: “A seed on barren ground? the ALRC’s recommendation for a statutory privacy tort” – Normann Witzleb; and book reviews of “The Construction and Performance of Commercial Contracts” by S A Christensen and W D Duncan and “The Law of Affıdavits” by John Levingston (both reviewed by Peter Lithgow).