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.
Professor Robert Baxt AO, Emeritus Partner, Freehills; Professorial Associate, University of Melbourne
The Hon Justice Arthur Emmett AO, 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
Ms Karla Fraser, Partner, Allens
Mr Diccon Loxton, Senior Finance Partner, 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
Dr 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
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; Mr Jason Harris, Associate Professor, Faculty of Law, University of Technology Sydney
Recent Publications – Ms Sheila Rasanen, Client Engagement Officer, Superannuation, Australian Taxation Office
Securities and Mortgages – Ms Angela Flannery, Partner, Holding Redlich; Mr Paul Rogerson, Head of Legal, National Roads & Motorists’ Association
Tax and Stamp Duty – Mr Andrew Sommer, Partner, 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 Adam Jackson, 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.
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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 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.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulating Financial Product Design in Australia: An Analysis of the UK Approach” – Rosie Thomas; “Difficulties with Derivatives? OTC Credit Derivatives and the Insurance Question” – Adam Fovent; and “Reviving the Incentive to Compromise in Corporate Restructure: The Role of Secondary Debt Markets” – William Stefanidis. Also in this Part are the following sections: Securities and Mortgages; Hong Kong and China; Singapore and South East Asia; Tokyo; and United Kingdom and Europe.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The Circulating Security Interest in Review: Architectures of Certainty, Flexibility and Control” – Alice Tranter Wilson; “Application of the Basel III Framework to Cash Deposits Held by APRA-regulated Superannuation Funds” – M Scott Donald; and “Enhancing Competition: Challenges for Australian Retail Banking” – Deborah Healey and Rob Nicholls. Also in this Part are the following sections: Banking Law and Banking Practice; Hong Kong and China; Singapore and South East Asia; and Tokyo.
This latest edition of the Journal of Banking and Finance Law and Practice (JBFLP) is the second and final part of a Special Issue focusing on “Finance Law: Global and Regional Challenges”, and is produced in collaboration with the BFSLA Academic Committee. This Part includes the following articles: “Reviewing the Citibank securitisation case: Did it really challenge the integrity of equity?” – Helen M Dervan; “Reforming insolvent trading to encourage restructuring: Safe harbour or sleepy hollows?” – Jason Harris; “Minimising the risk of shadow directorship: Advice for distressed debt investors” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Wealth Management; Hong Kong and China; New Zealand; and Singapore and Southeast Asia.
This Special Issue of the Journal of Banking and Finance Law and Practice (JBFLP) is produced in collaboration with the BFSLA Academic Committee, focusing on the theme of “Finance Law: Global and Regional Challenges”. It includes the following articles: “Regulating financial institution culture: Reforming the regulatory toolkit” – Ann Wardrop, David Wishart and Marilyn McMahon; “Bitcoin: Consumer protection and regulatory challenges” – Louise Parsons; “Small amount credit contract reforms in Australia: Household survey evidence and analysis” – Gill North; “Making prudence: Consumer credit and twin peaks, a comparison of Australia and South Africa” – Gail Pearson; and “Ad impossibilia nemo tenetur – on the recent attempts to harmonise the law of intermediated securities” – Matteo Solinas. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note by the Guest Editors.