Company and Securities Law Journal update: Vol 37 Pt 3
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Voting Recommendations in Schemes: Navigating the New Landscape” – Alberto Colla; “Sport Australia’s Governance Principles for National Sporting Organisations: The Triumph of Managerialism over Accountability and Representation in Australian Sport” – Lloyd Freeburn; and “Social Licence to Operate and Directors’ Duties: Is There a Need for Change?” – Rosemary Teele Langford. This issue also includes the following sections: Editorial; Book Review: “Company Directors’ Duties and Conflicts of Interest” by Rosemary Teele Langford – reviewed by JH Farrar; Corporate Finance: “Case Note: Re O’Keeffe Heneghan Pty Ltd (in liq) (No 2) [2018] NSWSC 1958” – Ganesh Jegatheesan; and “Widely-held Proprietary Companies: Opportunities and Challenges for Australian Craft Brewers” – Matt Vitale.
Modern Slavery, Climate Change, and One Big Elephant
Over 40 million people are living and working as slaves in the world today.[1] It is a staggering figure. It is outrageous! In the current issue of the Company and Securities Law Journal (C&SLJ), Vol 37 No 2, Justine Nolan and Nana Frishling argue that globalisation has spurred the growth of modern slavery (including servitude, ...more
Company and Securities Law Journal update: Vol 37 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “Corporate Social Responsibility: Lessons for Australia” – Adefolake Adeyeye; “Company Disclosure of Climate-Related Reputation Risks” – Andrew Belyea-Tate; “Australia’s Modern Slavery Act: Towards Meaningful Compliance” – Justine Nolan and Nana Frishling; and “A Critical Analysis of the Rationales and Continuing Merit of the Unfair Preference and Uncommercial Transaction Provisions in Pt 5.7B of the Corporations Act 2001” – William John Potts.
This issue also includes the following sections: Editorial; Takeovers and Public Securities: “Class Divide: Different Forms of Scheme Consideration” – Oren Bigos and James Claridge; Current Developments – Legal and Administrative: “Funding of Class Actions in Australia: Proposed Reforms” – Damian Grave, Gregg Rowan and Maura McIntosh; Directors’ Duties: “The Reach of Constitutional Conflicts Provisions: How do Companies Contract out of the General Law Duties?” – Rosemary Teele Langford and Ian Ramsay.
Company and Securities Law Journal update: Vol 37 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Agribusiness MIS Failures: Policy Lessons from the Quintis Failure” – Kevin Davis and Henry Herkes; “Director Restriction: An Alternative to Disqualification for Corporate Insolvency” – Michelle Welsh and Helen Anderson; Hong Kong, China and South East Asia – Say Goo: “Unfair Prejudice and Just and Equitable Winding Up in Hong Kong” – Professor Say H Goo and Charles KN Lam; Takeovers and Public Securities – Simon McKeon and Jonathan Farrer: “New Cross-Border M&A Transactions: Schemes of Arrangement for Foreign Incorporated Companies in Australia” – Anthony Papamatheos; Company Law – Edmund Finnane: “Removal of Directors of Public Companies by Shareholders: When Do Companies Contract Out of the Corporations Act?” – Rosemary Teele Langford and Ian Ramsay; and New Zealand and South Pacific – Gordon R Walker: “Compromises with Creditors – New Zealand Supreme Court Divided on Whether Class Composition Includes Consideration of Creditors’ Economic Interests” – Victoria Stace.
Underpinning China’s “Belt and Road”
China’s “Belt and Road” initiative (BRI) describes a vast international system of trade facilitation, infrastructure development, investment, and financial integration. With over 80 countries and regions participating in it, its touchstones are interconnection among states and their co-operation for mutual benefit. Institutional support for the BRI is provided by sources such as the Asian Infrastructure ...more
Company and Securities Law Journal update: Vol 36 Pt 8
The latest Part of the Company and Securities Law Journal includes the following articles: “The Corporation and Corporate Culture: A New Paradigm?” – Andrew Clarke; “Knowing Assistance: Disgorgement of Future Anticipated Profits, Causation and Quantum” – James O’Hara; and “Crowd-sourced Equity Funding in Australia – Getting It Right” – Georgia Parletta. This issue also includes the following sections: Editorial; Hong Kong, Singapore and Malaysia: “More Business Opportunities or Higher Legal Risks under the Belt and Road Initiative and the Greater Bay Area Initiative? Rethinking of Information Disclosure for Chinese Companies” – Professor Say H Goo and Dr Heather Lee; and Corporate Governance and Corporate Social Responsibility: “Companies, Corporate Officers and Public Interests: Are We at a Legal Tipping Point?” – Pamela Hanrahan.
Dancing Behind the (Corporate) Veil
“Corporate structures are a haven for those seeking to minimise payment of employee entitlements, and the mechanisms are diverse,” writes Professor Helen Anderson in the current issue of the Company and Securities Law Journal (Vol 36 Pt 7). In “Piercing the Corporate Veil to Reach the Money for Employees: Why, How and Where to Next?”, ...more
Company and Securities Law Journal update: Vol 36 Pt 7
The latest Part of the Company and Securities Law Journal includes the following articles: “Piercing the Corporate Veil to Reach the Money for Employees: Why, How and Where to Next?” – Helen Anderson; “A Legal Identity for Mutuals – Distinguishing between Profit and Purpose” – Ann Apps; and “Country-by-Country Tax Reporting: A Critical Analysis of Enhanced Regulatory Requirements for Multinational Corporations” – Adrian Sawyer and Kerrie Sadiq. This issue also includes the following sections: Editorial; and Directors’ Duties: “Does s 191 of the Corporations Act Include Conflicting Duties?” – Rosemary Teele Langford and Ian Ramsay.
Company and Securities Law Journal update: Vol 36 Pt 6
The latest Part of the Company and Securities Law Journal includes the following articles: “‘Truth in Takeovers’ for Substantial Holders” – Emma Armson; “An Empirical Analysis of Intangible Asset Reporting Practices by Large Australian Listed Entities” – Professor Tony Ciro and Dr Bulend Terzioglu; and “An Analysis of the Enforcement of the Statutory Duty of Care by ASIC” – Ian M Ramsay and Benjamin B Saunders. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “High Tide for Deeds of Company Arrangement? A Critical Review and Comment on Mighty River International Ltd v Hughes (2018) 92 ALJR 822; [2018] HCA 38” – Christopher Chiam; and Corporate Finance – Matthew Broderick: “Set-Off and the PPSA Revisited” – Anthony Duggan.
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