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 – Jason Harris
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 an Editorial as well as the following articles: “The Future of Clearing and Settlement in Australia: Part I – The Current System” – Christian Chamorro-Courtland; “A Civil Law Solution to the Social Licence to Operate and Directors’ Duties Conundrum in Australia” – Julia Dreosti, Bimaya De Silva and Katie Walsh; and “Is There Underenforcement of Corporate Criminal Law? An Analysis of Prosecutions under the ASIC Act and Corporations Act: 2009–2018” – George Gilligan and Ian Ramsay.
Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “A Comparative Analysis of Product Intervention Powers in Australia and the United Kingdom” – Christopher Chiam; “Insights into the Collateralisation of Intangible and Intellectual Property Assets by Non-financial Listed Entities on the ASX/S&P 200” – Professor Tony Ciro and Dr Bülend Terzioglu; and “People, Planet, and Profits: Re-purposing the Company” – Ross Grantham.
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “‘A Tiger Without Teeth’? The Forthcoming Review of the Modern Slavery Act 2018 (Cth) and the Place of ‘Traditional’ Penalties” – Margaret Cusenza and Vivienne Brand; “ASIC’s Regulatory Powers – Search Warrants, Telecommunications Interception Warrants, Financial Services Licensing Decisions and Banning Orders – Suggested Reforms” – Dr Tom Middleton; and “A Typology of Legal, Regulatory and Voluntary Initiatives to Address Gender Balance on Corporate Boards” – Katie Watson and Tim Connor.
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.