Company and Securities Law Journal update: Vol 36 Pt 5
The latest Part of the Company and Securities Law Journal includes the following articles: “Is Say-on-Pay the Answer to Executive Remuneration Problems in New Zealand?” – Tameela Bandara; “Australian Enterprise Risk Management Practices and Corporate Governance” – Dr Bobae Choi, Dr Doowon Lee and Dr Michael Seamer; and “Misleading and Deceptive Conduct in Global Financial Markets: Implications for Regulators, Financial Intermediaries and Credit Rating Agencies” – Professor Tony Ciro. This issue also includes the following sections: Editorial; Hong Kong, Singapore and Malaysia: “Supporting Fintech and SME Fundraising in Hong Kong” – Say Goo.
Welcome to Edmund Finnane as C&SLJ’s new General Editor
Thomson Reuters is very pleased to welcome Edmund Finnane to his new role as General Editor of the Company and Securities Law Journal (C&SLJ), taking over from the late Professor Robert “Bob” Baxt, who was the Founding Editor of the Journal. Edmund is a barrister at Thirteen Wentworth Selborne Chambers in Sydney and a Director of the Commercial Law Association of Australia. 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.
Company and Securities Law Journal update: Vol 36 Pt 4
The latest Part of the Company and Securities Law Journal includes the following articles: “The Penalty Quantum for Non-compliance with Corporate Disclosure: Solace for the Market” – Larelle (Ellie) Chapple, Thu Phuong Truong and Michelle Welsh; “An Analysis of Challenges to ASIC’s s 920A Banning Orders against Financial Services Providers in the AAT and the Courts” – Dr Robin Bowley; “Related Party Dealings Out of Managed Investment Schemes: Four Quandaries Addressed” – Tom Clarke; and “Risky Business and the Safe Harbour: Evaluating the Insolvent Trading Reform from a Creditor Perspective” – Emma Norton. This issue also includes the following sections: Editorial by Edmund Finnane; and Directors’ Duties – Dr Rosemary Teele Langford: “A Reconsideration of s 1324(10) of the Corporations Act 2001 (Cth): Damages in Lieu of an Injunction” – Dr Katy Barnett.
Company and Securities Law Journal update: Vol 36 Pt 3
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial by Paul Ali; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.
Company and Securities Law Journal update: Vol 36 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.
Company and Securities Law Journal update: Vol 36 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
Company and Securities Law Journal update: Vol 35 Pt 8
The latest Part of the Company and Securities Law Journal includes the following articles: “Catching Pre-insolvency Advisors: The Hidden Culprits of Illegal Phoenix Activity” – Helen Anderson and Jasper Hedges; “Personal Financial Product Advice under the Corporations Act” – RP Austin and Michael Vrisakis; “Commercial Litigation under the Personal Property Securities Act 2009 (Cth) – Part II” – Matthew Broderick and Dr David Morrison; “‘Persons Who Commonly Invest’: Who Are They?” – Andrew Eastwood; and “Financial Advisers – New Remuneration Constraints and Competency Requirements Addressing Perverse Incentives and Poor Advice” – Julie-Anne Tarr. This issue also includes the following sections: Editorial; Corporate Finance – Matthew Broderick: “et-Off and the PPSA: A Note on Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq)” – Anthony Duggan; Directors’ Duties – Dr Rosemary Teele Langford: “Breaches of Duty by Corporate Officers and Directors: Accessory Liability, Account of Profits and Causation” – Pauline Ridge; Corporate Insolvency – Helen Anderson: “To Prioritise or not to Prioritise: The Question of Prepayment Consumer Creditors” – Professor Christopher Symes and Dr Beth Nosworthy.
ALJ Tribute to Prof Robert “Bob” Baxt AO
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.
Vale Professor Bob Baxt AO (1938–2018)
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.”
Fairness for financial services customers: C&SLJ’s Special Issue
With the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry now underway, the Company and Securities Law Journal’s (C&SLJ) just published Special Issue on Customer Protection in the Financial Services Industry (Volume 35 Part 7) is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases ...more
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