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.
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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 several interesting pieces. The first article comes from Alexandra Whelan and provides an assessment of the law regarding proprietary rescission. The second article is by He Wei Ping and provides an overview of the means available for foreign banks to enter the Chinese banking sector. The sections cover a diverse range of topics including class actions against banks for exception fees, requests for court assistance under the UNCITRAL Model Law and the new Canadian not-for-profit corporations statute, plus much more.
The final Part for 2011 of the Journal of Banking and Finance Law and Practice includes several interesting articles across a range of issues, including the new Product Disclosure Statement regime, personal property securities legislation in Australia, Canada and New Zealand, the case of Goodridge v Macquarie Bank and novation of (syndicated) loan agreements and an analysis of the rule in Inglis, the law of equity and new trends, plus much more.
The September 2011 issue of the Journal of Banking and Finance Law and Practice has three articles and four section notes on various themes in banking law, both in Australia and internationally. The articles cover such diverse topics as the regulation of the Australian banking system, an overview of the regulatory structure created by the Dodd-Frank Wall Street Reform and Consumer Protection Act and best practice in the regulation of non-cash payment services. The sections include notes on insolvency law and management, banking law and banking practice and a report from Tokyo.
The June 2011 issue of the Journal of Banking and Finance Law and Practice contains several interesting pieces on different areas of banking and finance law. This includes articles on penalties in banking transactions and mistaken internet payments and sections on unlcaimed money and Chinese anti-monopoly regulations, and much more.
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.
Three new Sections Editors have joined the Editorial team for the Journal of Banking and Finance Law and Practice. They are Guy Lethbridge, Partner at Russell McVeagh (NZ), Gene Turner, Parther at Buddle Findlay (NZ) and David Hinchey, Senior Associate at Allens Arthur Robinson (Hong Kong).
The March 2011 issue of the Journal of Banking and Finance Law and Practice contains comments and articles on the Personal Property Securities Act, home loan exit fees, cross-border insolvency laws and a variety of other financial issues relevant in Australia and overseas.
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 Aidan Drinkwater. The enactment of the Personal Property Securities Act 2009 (Cth) (PPS Act) has signalled the official arrival of Art 9 of the Uniform Commercial Code (US) in Australia. The legislation will effect a dramatic change to Australia’s law of security interests which is in need of reform.
By Jennifer Tunna. In the last three years, a large number of New Zealand’s finance companies have effectively collapsed and there has been little activity amongst those left standing. As a result, depositors have suffered large losses and investor confidence in the sector has become practically non-existent. In response, the New Zealand government has undertaken substantial reform to the regulatory framework.