Company and Securities Law Journal (C&SLJ)
Leading commentary and analysis of Australian and international corporate and securities law and the relevant regulatory regimes
About the Journal
The Company and Securities Law Journal (ISSN: 0729-2775) is well-known for its high-quality articles written by leading specialists in corporate, securities and takeovers law. It provides both scholarly and practical perspectives on a range of dynamic and important subjects of interest to the Australian legal and business communities.
Whether you are a lawyer, accountant, company director, stockbroker or academic, there is detailed coverage to suit your information needs. Topics range from comments on the lack of confidence in the Australian securities markets and how an increased effort by regulators to improve enforcement of existing laws prohibiting market misconduct is needed to restore confidence, to insider trading case law dealing with “generally available” and “materiality” carve-outs and articles around the question, “Do we need regulation in the way in which litigation funders should operate?”
Edmund Finnane is a barrister at Thirteen Wentworth Selborne Chambers in Sydney and a Director of the Commercial Law Association of Australia.
Edmund earned his Bachelor of Arts and Bachelor of Laws at the Australian National University, and completed his Master of Laws at the University of New South Wales. Before coming to the Bar in 1997, he was a solicitor with Madgwick Partners. He practises in a wide range of areas, with special relevant interests in insolvency, company, general commercial law and equity.
Edmund is the co-author of the books Pleading Precedents and Equity Practice and Precedents, the 2019 edition (2nd) of which is to be published shortly. He has also had articles published in the Law Society Journal and the Commercial Law Quarterly, and has been writing annotations for the Corporations Legislation volumes of Thomson Reuters since 2010.
Associate Professor Paul Ali, Associate Professor of Law, Melbourne Law School
The Hon Dr RP Austin, Barrister, Level 22 Chambers; Challis Lecturer in Corporate Law, The University of Sydney
The Hon RI Barrett, Former Judge of Appeal, Supreme Court of New South Wales
Priscilla Bryans, Partner, Herbert Smith Freehills
Professor John Farrar, Emeritus Professor of Law, Bond University; Honorary Professor of Law, University of Auckland
Professor Jennifer Hill, Professor of Corporate Law, University of Sydney Law School
Russell Miller AM, Member, Centre for Strategy and Governance; Minter Ellison, Canberra & Sydney
Professor James O’Donovan, Faculty of Law, University of Western Australia
Professor Ian M Ramsay, Harold Ford Professor of Commercial Law, University of Melbourne
Justice Ralph Simmonds, Supreme Court of Western Australia
Geof Stapledon, Group Manager Governance, BHP Billiton, London
Dr Gordon R Walker, Emeritus Professor, La Trobe University, Melbourne
Company Law – Edmund Finnane
Takeovers and Public Securities – Jonathan Farrer
Corporate Insolvency – Helen Anderson
Corporate Finance – Matthew Broderick
Securities Industry and Managed Investments – Pamela Hanrahan
Current Developments – Legal and Administrative – Priscilla Bryans
Accounting – Graham Peirson
Corporate Governance and Corporate Social Responsibility – Jean du Plessis
Directors’ Duties – Rosemary Teele Langford
Shareholders’ Remedies – Elizabeth Boros
Overseas Section Editors
New Zealand and South Pacific – Gordon R Walker
United Kingdom and Europe – Alan Dignam
United States of America – Jeffrey Lawrence
Hong Kong, China and South East Asia – Say Goo
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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For the individual contents pages for each Part, click here.
The latest Part of the Company and Securities Law Journal includes the following articles: “A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China: Contributing Factors for Chinese Cross-border Listed Companies’ Continuous Disclosure Performance in Australia?” – Belle Qi Guo; “Charitable Companies and Related Party Transactions” – Rosemary Teele Langford; and “An Analysis of ASIC Enforcement against Auditors and Liquidators” – Ian Ramsay and Miranda Webster. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge, Intent, Recklessness and Negligence in Breaches: A Discussion” – Michael J Duffy.
The latest Part of the Company and Securities Law Journal includes the following articles: “Worker Co-operatives and Australian Law” – William Hall; “Australian Investor Stewardship and Global Themes in Stewardship Regulation” – Natania Locke; and “Out with the Old, in with the Askew? The Recent Crowd-sourced Equity Funding Reform Fails to Meet Expectations” – Hareesh Makam. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Money Lending Exceptions for Takeover Provisions” – Emma Armson.
The latest Part of the Company and Securities Law Journal includes an Editorial and the following articles: “The Intersection of Deadlock and Oppression: A “No-fault Divorce” for the Members of Closely Held Corporations” – Nikita Angelakis; “The Regulation of Short Sellers in Australia” – Kin Pan; and “COVID-19 Impacts on Financial Market Integration in the ASEAN: Regional Trends, Challenges and Future Outlook” – Dr Alma Pekmezovic.
The latest Part of the Company and Securities Law Journal includes the following articles: “Duties of Efficiency, Honesty and Fairness Post-Westpac: A New Beginning for Financial Services Licensees and the Courts?” – Joshua Anderson; and “Climate Risk Disclosure: Tracking the Uptake of the Taskforce on Climate-related Financial Disclosures (TCFD) Recommendations in the Australian Market” – Cary Di Lernia. This issue also includes the following sections: Editorial; Corporate Governance and Corporate Social Responsibility: “2020 Vision: Current Reflections and Stakeholder Governance in a Post-Covid-19 World” – Jean du Plessis and Andrea Anastasi; and Corporate Finance: “Capital Raising by Companies During the COVID-19 Crisis: An Analysis of Recent ASX Reforms” – Lloyd Freeburn and Ian Ramsay.
The latest Part of the Company and Securities Law Journal includes the following articles: “Providing Financial Services “Efficiently, Honestly and Fairly”: Part 2″ – Paul Latimer; and “Reconsideration of the “Good Faith” Requirement in Statutory Derivative Actions in Australia” – Lang Thai. This issue also includes the following sections: Editorial; Corporate Finance: “Equity Crowdfunded Companies in the United Kingdom: What Factors Determine Post-campaign Success?” – Steve Kourabas, Ian Ramsay and Mihika Upadhyaya; Directors’ Duties: “Insolvent Trading, Charitable Companies and COVID-19” – Rosemary Teele Langford; and New Zealand and South Pacific: “Capital Market Law Reform in Vanuatu” – Gordon Walker.
The latest Part of the Company and Securities Law Journal includes the following articles: “Market-based Causation after TPT Patrol Pty Ltd v Myer Holdings Ltd” – Corey Byrne and Michael Legg; “Delegation by Superannuation Fund Trustees” – M Scott Donald; and “Competition and Efficiency at the Mercy of Equality: Balancing the Equal Opportunity Principle and Maintaining a Competitive and Efficient Market” – Vanessa Murphy. This issue also includes the following sections: Editorial; Book Review: “A Case for Shareholders’ Fiduciary Duties in Common Law Asia” by Ernest Lim – reviewed by Associate Professor Rosemary Teele Langford; Directors’ Duties: “Cassimatis v Australian Securities and Investments Commission  FCAFC 52 – “Dystopian Accessorial Liability” or The End of “Stepping Stones” as We Know It?” – Rosemary Teele Langford; and New Zealand and South Pacific: “Supporting SME Fundraising in Fiji” – Gordon Walker.
With millions of Australians participating in them, and with the associations themselves numbering in the hundreds of thousands, unincorporated associations truly are social entities. They variously include sports clubs, charities, cultural and arts and environmental organisations, and churches. “The vast majority of Australians participate in unincorporated associations,” says Matthew Turnour in “Should Australians Have a ...more
The latest Part of the Company and Securities Law Journal includes the following articles: “Disclosure, Transparency and Regulation of Open Market Repurchases in Australia” – Christine Brown, John Handley and Asjeet S Lamba; “Cyber-related Risk Disclosure in Australia: Evidence from the ASX200” – Cary Di Lernia, Catherine Hardy and Asaf Dori; and “Should Australians Have a Revised Uniform Unincorporated Nonprofit Associations Act?” – Dr Matthew Turnour. This issue also includes an Editorial.
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)  NSWSC 1958” – Ganesh Jegatheesan; and “Widely-held Proprietary Companies: Opportunities and Challenges for Australian Craft Brewers” – Matt Vitale.
Over 40 million people are living and working as slaves in the world today. 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