Journal of Banking and Finance Law and Practice (JBFLP)
Australian and international issues in banking and finance law and practice
About the Journal
The Journal of Banking and Finance Law and Practice (ISSN: 1034-3040) provides a forum for debate on Australian and overseas issues relating to banking and finance law. The Journal’s Section Editors provide balanced and broad coverage of important topics including recent developments in law and practice as well as general and technical matters of interest.
Sections cover a wide variety of issues relating to banking law, taxation, stamp duty, securities, mortgages, insolvency law and management, capital and foreign exchange markets. The international contributors cover recent developments in these areas too, giving an overseas perspective.
Gregory Burton SC, FCIArb was appointed a Senior Counsel in October 2004 and has practiced at the New South Wales Bar since 1989. As well as being the General Editor of the Journal of Banking and Finance Law and Practice, he contributes to numerous other banking and finance law publications.
Founding Consulting Editor
Professor Robert Baxt AO, Emeritus Partner, Freehills; Professorial Associate, University of Melbourne
The Hon Justice Arthur Emmett AO QC, Supreme Court of New South Wales and New South Wales Court of Appeal
The Hon Andrew Rogers AO QC, Dispute Resolution Adviser, formerly Chief Judge, Commercial Division, Supreme Court of NSW
Associate Professor Paul Ali, Associate Professor of Law, Melbourne Law School
Professor Ross Buckley, KPMG Law – KWM Professor of Disruptive Innovation, Faculty of Law, UNSW Sydney
Ms Karla Fraser, Partner, Allens
Professor Shelley Griffiths, Faculty of Law, University of Otago, Dunedin
Mr Diccon Loxton, Senior Finance Counsel, Allens
Professor Sheelagh McCracken, University of Sydney Law School
Professor John Stumbles, Hon Professor of Law, University of Sydney Law School, King & Wood Mallesons
Mr Philip Trinca, Partner, Ashurst, Lawyers
Mr John Walter, Partner, Corrs Chambers Westgarth, Lawyers
Dr Ann Wardrop, Director of Programs and Senior Lecturer, School of Law, La Trobe University, Melbourne
Australian Section Editors
Banking Law and Banking Practice – Dr Alan L Tyree, Consultant, formerly Landerer Professor of Information Technology and Law, University of Sydney; Mr John Sheahan QC 5 Wentworth Chambers
Commercial and Finance Law – Mr Patrick Lowden, Partner, Herbert Smith Freehills; Mr Andrew Booth, Partner, Herbert Smith Freehills
Financial Markets – Mr George Harris, Partner, Baker & McKenzie
Insolvency Law and Management – Mr Lindsay Powers, Senior Legal Consultant, Minter Ellison; Mr Gerard Breen, Partner, Mills Oakley; Associate Professor David Brown, Adelaide Law School, The University of Adelaide
Securities and Mortgages – Ms Angela Flannery, Partner, Holding Redlich
Tax and Stamp Duty – Ms Keshni Maharaj, Senior Counsel, Clayton Utz
Wealth Management – Dr Lisa Butler Beatty, Head, Wealth Management Office of the Trustee & Special Counsel, Commonwealth Bank of Australia
Canada – Professor Benjamin Geva, Professor of Law, Osgoode Hall Law School, York University, Toronto, Ontario
Hong Kong and China – Professor Chao Xi, University of Hong Kong
New Zealand – Mr Ross Pennington, Partner, Chapman Tripp, Barristers and Solicitors, Auckland; Mr David Craig, Partner, Bell Gully, Barristers and Solicitors, Wellington; Mr Simon Jensen, Partner, Buddle Findlay, Lawyers, Wellington; Mr Guy Lethbridge, Partner, Russell McVeagh, Barristers and Solicitors, Auckland
Tokyo – Mr Masahiro Ueno, Nishimura & Asahi, Tokyo
United Kingdom/Europe – Mr John Jarvis QC, 3 Verulam Buildings Barristers, Gray’s Inn; Dr Stuart Dutson, Partner, Simmons & Simmons LLP; Mr Michael Green, Special Counsel and Legal Knowledge Project Leader, King & Wood Mallesons; David McIlroy QC, Barrister, Forum Chambers, London and Visiting Professor, Queen Mary College, University of London; Dr Matteo Solinas, Senior Lecturer, Faculty of Law, Victoria University of Wellington; Mr Kallun Willock, Associate, Eversheds
PUBLISHED IN ASSOCIATION WITH THE BANKING AND FINANCIAL SERVICES LAW ASSOCIATION.
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 Journal of Banking and Finance Law and Practice includes the following articles: “One-Stop Shop: Consumer Credit Issued at the Point of Sale” – Lucinda O’Brien, Ian Ramsay, Paul Ali and Mihika Upadhyaya; “Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy” – Mohd Hwaidi; and “The Banker’s Obligation to Pay and the Scope of the Quincecare ‘Duty'” – Lee Aitken. Also in this Part are the following sections: Banking Law and Banking Practice: “CBDC: Digital Cash as Legal Tender” – Alan L Tyree; and Insolvency Law and Management: “Simplified Liquidation: A Different Test for Insolvency?” – Lindsay Powers.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Reserve Bank of New Zealand Decision-Making – Is a Governance Board the Best Option for Prudential Regulation?” – Helen Dervan and Simon Jensen; “Community Standards and Expectations: Has There Been a Fundamental Shift in the Obligations on Financial Services Licensees under Pt 7.6 of the Corporations Act 2001 (Cth)?” – Patrick Hall; and “Conceptual Models of the PPSA Security Interest: Moving Beyond the Unitary/ Minimalist Dichotomy” – Adam Waldman. Also in this Part are the following Sections: Commercial and Finance Law: “Case Note: Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 6)” – JFW Cardell-Oliver; Hong Kong and China: “Luckin Coffee: A Chinese Fraud or Just Fraud?” – Fabian Roday and William Fotherby; Tokyo: “Amended Rules in Relation to Assignment of Accounts Receivable” – Masahiro Ueno; and United Kingdom and Europe: “Legislative Brinkmanship and Equivalence Decisions” – Deborah A Sabalot.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Building Australia’s Fintech Ecosystem: Innovation Hubs for a Competitive Advantage” – Ross P Buckley, Douglas W Arner, Dirk A Zetzsche and Evan C Gibson; and “Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms” – Tony Ciro. Also in this Part are the following Sections: Insolvency Law and Management: “Don’t Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders” – Andrew Vella and Matthew Paterson; Securities and Mortgages: “Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd” – Anthony Duggan; United Kingdom and Europe: “History Repeating: Trading Restrictions in Europe at the Time of COVID-19” – Matteo Solinas; and “Germany’s Highest Court Challenges the Legality of the ECB’s Monetary Tools (and the EU’s Entire Legal Order)” – Matteo Solinas; and United States: “Predictive Factors in CEO and CFO Bank Fraud and Malfeasance” – Erich Heneke and Randall Valentine.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “A CCP Resolution Regime for Australia” – Eve Brown; and “BEARing Responsibility for Cyber Security in Australian Financial Institutions: The Rising Tide of Directors’ Personal Liability” – Kayleen Manwaring and Pamela Hanrahan. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; and Book Reviews.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “SolarCoin: Virtual Currency Meets Solar Electricity – A Bright Future?” – Ben Hartsuyke; “Unfairness in Islamic Finance Contracts: The Malaysian Case” – Adnan Trakic; and “Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part I” – David Morrison and Matthew Broderick. Also in this Part are the following Sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Tax and Stamp Duty; and Book Review.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Improving Australia’s Regulatory Framework for Systemic Financial Stability” – Steve Kourabas; “When Is a Mortgage Broker the Lender’s Agent?” – Oscar S Han; “A Comparative Study of the Laws of Bond Trust in Common Law and Civil Law Countries” – Benjamin Liu; and “Social Impact Bonds in Australia” – Ian Ramsay and Corinne Tan. Also in this Part are the following sections: Banking Law and Banking Practice; Financial Markets; and Insolvency Law and Management.