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
The Hon Ken Handley AO QC, Formerly a Judge of the New South Wales Court of Appeal
Associate Professor Paul Ali, Associate Professor of Law, Melbourne Law School
Professor Ross Buckley, KPMG Law – KWM Professor of Innovative Disruption, Faculty of Law, UNSW Sydney
Ms Karla Fraser, Partner, Allens
Mr Diccon Loxton, Senior Finance Counsel, Allens
Professor Shelley Griffiths, Faculty of Law, University of Otago, Dunedin
Mr Gregory Hammond OAM, Adjunct Fellow, Applied Finance Centre, Faculty of Business & Economics, Macquarie University
Professor Sheelagh McCracken, University of Sydney Law School
Mr Philip Trinca, Partner, Ashurst, Lawyers
Professor John Stumbles, Faculty of Law, University of Sydney
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, Of Counsel, Baker & McKenzie
Insolvency Law and Management – Mr Lindsay Powers, Senior Legal Consultant, Minter Ellison; Mr Gerard Breen, Partner, Mills Oakley; Mr Jason Harris, Associate Professor, Faculty of Law, University of Technology Sydney
Securities and Mortgages – Ms Angela Flannery, Partner, Holding Redlich; Mr Paul Rogerson, Head of Legal, National Roads & Motorists’ Association
Tax and Stamp Duty – Keshni Maharaj, Special Counsel, Clayton Utz, (income tax and revenue law, other than stamp duty)
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; Professor Stephanie Ben-Ishai, Assistant Professor, 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 Guy Lethbridge, Partner, Russell McVeagh, Barristers and Solicitors, Auckland; Mr Simon Jensen, Partner, Buddle Findlay, Lawyers, Wellington
Singapore/South East Asia – Ms Kala Anandarajah, Partner, Rajah & Tann, Solicitors; Mr Wayne Courtney, Associate Professor, Faculty of Law, National University of Singapore
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, Senior Professional Support Lawyer, Allen & Overy; Mr Kallun Willock, Associate, Eversheds; Dr Matteo Solinas, Senior Lecturer, Faculty of Law, Victoria University of Wellington
United States – Ms Laura Sheridan Mouton, US Securities and Finance Partner, Herbert Smith Freehills
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.
Subscribe or Purchase
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 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.
The latest Part of the Journal of Banking and Finance Law and Practice includes the tribute: “Professor Robert (Bob) Baxt AO” – Ruth Baxt; and the following articles: “Australian Regulation of Blockchain and Distributed Ledger Technology in Banking and Finance” – Annabelle Simpson; “Disclosures and Reporting of Financial Derivatives: Evidence from Australia’s S&P/ ASX 50 Listed Firms” – Tony Ciro and Bulend Terzioglu; “Voluntary Arrangements and the “Clean Slate” Mess” – Paulina Fishman; and “Deposit Insurance: Friend or Foe?” – Crosby Radburn. Also in this Part are the following sections: Commercial and Financial Law; Insolvency Law and Management; and New Zealand.
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.
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.”
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulation of Managed Investment Schemes in Australasia: A Creditor’s Guide” – Laura Coffey; “Fintech Sandboxes: Achieving a Balance Between Regulation and Innovation – Lev Bromberg, Andrew Godwin and Ian Ramsay. Also in this Part are the following sections: Insolvency Law and Management: “Analysing a Liquidator’s Statutory Power of Sale over Trust Property” – Ian Murray; “Unpacking the Ten Network Administration” – Jason Harris; Securities and Mortgages: “Proposed Changes to the PPSA – PPS Leases” – Karen Fairbairn.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Collateral Undamaged: Conforming Financial Collateral Laws in a Global Marketplace” – Max Allan; “Microfinance in Australia: Is the Law Doing Enough to Address Financial Exclusion?” – Francisco Widjojo; “The BEAR Necessities: What Jurisdictional Considerations will Australia’s Version of the UK’s ‘Senior Managers and Certification Regime’ Need to Accommodate?” – Andrew Eastwood and James Emmerig; and “The Taxing Challenge of Digital Currency” – Joel Emery and Miranda Stewart. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Canada; Tokyo; and United Kingdom and Europe.