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; Professor of Corporate Governance, University of Auckland Business School
Professor Jennifer Hill, Professor of Corporate Law, University of Sydney Law School
Russell Miller AM, Adjunct Professor, Australian National University; 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 – Simon McKeon and Jonathan Farrer
Corporate Insolvency – Helen Anderson
Corporate Finance – Matthew Broderick
Securities Industry and Managed Investments – Pamela Hanrahan
Current Developments – Legal and Administrative – Herbert Smith Freehills
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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To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
The last issue of the Company and Securities Law Journal for 2011 includes articles on personal liability for corporate disclosure problems and the truth about limited liability with relation to equity investors in a unit trust. There is also a Corporate insolvency section discussing shadow directors and Buzzle v Apple, and a Corporate finance section discussing mining joint ventures and the legal infrastructure of sukuk structures.
The October 2011 Part of the Company and Securities Law Journal has articles on continuous disclosure in Australia and the obligations and liabilities of the key players in managed investment schemes in the context of the Trio Capital/Astarra fraud investigation. This Part also includes a Corporate Finance section discussing mining joint ventures and securitisation of residential mortgage-backed securities. Finally the Note from New Zealand focuses on a new financial markets law.
This Special Issue is in honour of ASIC’s 20th anniversary and combines Parts 5 and 6 of Volume 29. It contains five articles that focus on various interesting points in ASIC’s history, including a comprehensive record of ASIC’s participation in matters before the Takeovers Panel, insider trading and market misconduct, the limits of disclosure and investor education in a retail market, the regulation of managed investments and the development of Australia’s continuous disclosure regime.
The June 2011 issue of the Company and Securities Law Journal includes content on a range of topics, including the need to change the Australian framework for insolvent trading and directors’ fear of personal liability for the conduct of a corporation. There is also a section on Corporate Finance and a note from New Zealand.
In a surprising, but welcome, move, the Minister for Innovation, Industry, Science and Research, Senator Kim Carr, has announced the scrapping of the prescriptive quality indicators for journals.
The grading of journals as A*, A, B or C will no longer be applied and these gradings will no longer be the indicators of research excellence.
The May 2011 Issue of the Company and Securities Law Journal includes articles on the whether or not litigation funders add value to corporate governance in Australia and how private equity deals have been subject to increased academic, professional and policy interest. This Part also includes a note about Directors’ duties and corporate governance as well as an Overseas Note from New Zealand.
The March 2011 issue of the Company and Securities Law Journal contains notes and articles on ASIC disclosure, oppression and winding-up orders, financial advisers’ duty of care and insight into developments in mergers and takeovers law in Malaysia, among other topics.
Over 2009 and 2010, the Australian Research Council undertook to rank journals in the Arts & Humanities Sector as part of the “Excellence in Research for Australia” initiative. Law journals were included in the ranking. Now the rankings that were assigned are being reviewed and new rankings will be released in 2012. Thomson Reuters has observed there may be some unintended long-term consequences of the ERA methodology and outcomes. To communicate these concerns, we have released a position statement.
By Janet Austin. This article considers the impact of recent changes to the ASX and the challenges that will face ASIC in maintaining the integrity of the markets as it attempts to bring them firmly under its control.
By Patrick J Lewis. The decision in Hall v Poolman examined liability for decisions made in times of financial hardship. In the wake of the global financial crisis, directors and executives have to meet numerous challenges which were not present when the insolvent trading provisions were last the subject of debate.