Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
The latest Part of the Australian Business Law Review includes the following articles: “Free Speech and Secondary Boycott Activity in Australia” – Anthony Gray; “An Examination of Legal Values in Statutory Unconscionable Conduct” – Peter Toy; “The Illusion of Control” – Radha M Pull ter Gunne; and “Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure” – Akshaya Kamalnath. Also in this Part are the following sections: Editorial – Michael Terceiro; Competition Law and Market Regulation: “Misuse of Market Power: Improving the Australian SLC Model” – Brent Fisse; and Banking and Finance: “A Modern Approach to Regulation: Integrating Law, System Architecture and Blockchain Technology in Australia” – Marcus Smith.
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 Company and Securities Law Journal includes the following articles: “ASIC Enforcement Outcomes: Trends and Analysis” – Ian Ramsay and Miranda Webster; “Voluntary Administration Outcomes: Evidence from Listed Companies During the Financial Crisis” – Dr James Routledge. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “A New Penalty Regime for the Corporations Act” – Professor Bob Baxt; Directors’ Duties – Dr Rosemary Teele Langford: “Stakeholder Interests and the Duty of Care” – Dr Rosemary Teele Langford; Book Review: “Effective Company Disclosure in the Digital Age” – by Gill North – reviewed by Andrew Godwin.
This Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The long-run efficiency gains in public-to-private transfers – new evidence from earnings announcements” – Paul Docherty and Steve Easton; “Twin peaks – the legal and regulatory anatomy of Australia’s system of financial regulation” – Andrew Godwin and Ian Ramsay; “Debt for equity swaps and corporate restructuring under s 444GA of the Corporations Act” – Ryan J Turner; and “Surcharging for payment: Payment systems regulation and the constitution of a new economic norm” – Ann Wardrop.
Also in this Part are the following sections: Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; as well as a Forum piece by Alan O’Sullivan, which provides a practitioner’s market-based perspective to complement the article by Docherty and Easton in this Part.