The latest Part of the Australian Business Law Review includes the following articles: “‘Why Not Litigate?’ – The Royal Commission, ASIC and the Future of the Enforcement Pyramid” – Michael Legg and Stephen Speirs; “The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed ‘Unwelcome’ Religious Views” – Anthony Gray; “Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency” – Jodi Gardner and Kanchana Kariyawasam; and “The Legal Implications of E-commerce for the Australian Franchise Sector” – Zhanna Kremez, Kanchana Kariyawasam and Lorelle Frazer. Also in this Part are the following sections: Consumer Protection: “Penalising the Inclusion of Unfair Terms in Standard Form Small Business Contracts – A Critical Analysis” – Mark Lewis; Industrial and Workplace Relations Law: “Small Business and Unfair Dismissal: A Review of the Australian Small Business and Family Enterprise Ombudsman’s Proposed Reforms” – Victoria Lambropoulos; and Book Review: “The Legitimacy and Responsiveness of Industry Rule-making”, by Karen Lee – Reviewed by Rob Nicholls.
[Editor’s Note: Since publication of this article, the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) has been given Crown assent, making it Commonwealth Act No 17 of 2017.] The Corporations Amendment (Crowd-sourced Funding) Bill 2016 (Cth), which is currently before the Commonwealth Senate, plans to amend the Corporations Act 2001 (Cth) to deal with an increase in crowd-sourced capital-raising activities by companies ...more
The latest Part of the Company and Securities Law Journal includes the following articles: “The duty to act in the best interests of the public entity in Victoria: Legal and empirical meanings” – Marco Bini; “Equitable money remedies against financial advisers who give “advice about advice”” – Simone Degeling and Jessica Hudson; “Integrated reporting and directors’ concerns about personal liability exposure: Law reform options” – Anna Huggins, Roger Simnett and Anil Hargovan; and the following sections: Company Law: “Enforcement of continuous disclosure laws by the Australian Securities and Investments Commission” – Ian Ramsay; and Directors’ Duties: “Conflicts, proactive disclosure and s 181 of the Corporations Act” – Rosemary Teele Langford.
The latest Part of ABLR includes the following articles: “The ACCC: Roots and branches – proposals to enhance ACCC effectiveness” – Caron Beaton-Wells; “Roots, branches and other objects – one step beyond the Harper Review?” – I S Wylie; “Online dispute resolution: The advantages, disadvantages, and the way forward” – Anthony John Sissian; “Challenges facing the notariat in Australasia in the 21st century” – Noel Cox; and “Dashed expectations? The impact of civil liability legislation on contractual damages for disappointment and distress” – Sonia Walker and Kate Lewins; and the following sections: Intellectual Property Law: “Why is an isolated segment of human DNA patentable under Australian law but not under United States law?”; Competition Law and Market Regulation: “Competition Policy Review: Draft recommendations on competition laws”; and Company and Securities Law: “The government response to the Senate Economic References Committee Report into the Australian Securities and Investments Commission”.
The latest part of C&SLJ includes the following articles: “Tracing under the PPSA” – Matthew Broderick; “Statutory directors’ duties, the civil penalty regime and shareholder ratification: What role does the public interest play?” – Isuru Devendra; and “Continuous disclosure and good faith” – Sulette Lombard and Jessica Viven. There is also a Corporate Governance and Corporate Social Responsibility section note providing an analysis of companies’ business objectives by Reegan Grayson Morison and Ian Ramsay.
The latest Part of ABLR includes the following articles: “The CAMAC report on charitable trusts and trustee companies – listed financial services providers or benevolent institutions?” – Eve Brown; “Infringement notices and federal regulation: Wolves in sheep’s clothing?” – Anne Rees; and “Identifying and evaluating mavericks in Australian and US merger analysis” – Ben Morawetz. Also in this Part are the following sections: Company Law and Securities – “Where to next for the Australian Securities and Investments Commission?”; Competition Law and Market Regulation – “Behaviour v Structure: Tribunal’s AGL Energy Merger Authorisation”; and Insurance and Transport Law – “Controlling insurance contract terms: Section 54 of the Insurance Contracts Act – compliance, recovery and accountability”.
The latest Part of the Company and Securities Law Journal includes the following articles: “The payment of dividends: Legal confusion, complexities and the need for comprehensive reform in Australia” – Stephen Alevras and Jean du Plessis; “The financial literacy of young Australians: An empirical study and implications for consumer protection and ASIC’s National Financial Literacy Strategy” – Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay; and “The possession and materiality of information in insider trading cases” – Juliette Overland. There is also a Directors’ Duties section: “Directors’ fiduciary duties in the Western Australia Supreme Court – again” – Rosemary Teele Langford.
The latest Part of the Company and Securities Law Journal includes the following articles: “From “if not, why not?” to “if not, NOT!” – Regulatory reform of the debenture sector” – Eve Brown; “A securities market operator’s use of the “please explain” price query and its impact on compliance” – Larelle Chapple, Thu Phuong Truong and Michelle Welsh; and “Raising levels of awareness of rights and obligations in the provision of financial product advice to retail clients” – Stephen Corones and Kym Irving. Also in this Part are two Overseas Notes, one about New Zealand and the other about Hong Kong, Singapore and Malaysia.
The latest Part of the Company and Securities Law Journal includes two interesting articles. The first is by Marina Nehme and considers the banning order regime and the recent changes to the regime. The second is by Maria Nicolae analyses the effectiveness of the Corporations Act 2001 (Cth) as a regulatory tool for the sector. Also in this Part is a Hong Kong, Singapore and Malaysia section note regarding the fiduciary duties in a civil law country.
The August 2013 Part of C&SLJ includes the following articles: “Directors’ fiduciary duties and oppression in closely-held corporations” – Ryan J Turner; “A year with the Personal Property Securities Act 2009 (Cth): The Personal Property Securities Register, amendment demands and judicial proceedings” – Nicholas Mirzai; and “Equitable remedies for participation in a breach of directors’ fiduciary duties: The mega-litigation in Bell v Westpac” – Dan Butler. Also included are the following sections: Current Developments: Legal and Administrative, Directors’ Duties and Corporate Governance, Takeovers and Public Securities,