Australian Securities and Investments Commission (ASIC)
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
The latest Part of the Company and Securities Law Journal includes the following articles: “A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China: Contributing Factors for Chinese Cross-border Listed Companies’ Continuous Disclosure Performance in Australia?” – Belle Qi Guo; “Charitable Companies and Related Party Transactions” – Rosemary Teele Langford; and “An Analysis of ASIC Enforcement against Auditors and Liquidators” – Ian Ramsay and Miranda Webster. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge, Intent, Recklessness and Negligence in Breaches: A Discussion” – Michael J Duffy.
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Building Australia’s Fintech Ecosystem: Innovation Hubs for a Competitive Advantage” – Ross P Buckley, Douglas W Arner, Dirk A Zetzsche and Evan C Gibson; and “Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms” – Tony Ciro. Also in this Part are the following Sections: Insolvency Law and Management: “Don’t Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders” – Andrew Vella and Matthew Paterson; Securities and Mortgages: “Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd” – Anthony Duggan; United Kingdom and Europe: “History Repeating: Trading Restrictions in Europe at the Time of COVID-19” – Matteo Solinas; and “Germany’s Highest Court Challenges the Legality of the ECB’s Monetary Tools (and the EU’s Entire Legal Order)” – Matteo Solinas; and United States: “Predictive Factors in CEO and CFO Bank Fraud and Malfeasance” – Erich Heneke and Randall Valentine.
[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: “War on two fronts: Harmonising the public and private enforcement of Australia’s corporate disclosure laws” – Nicholas Bentley; “Managed investment schemes: Liability of directors of responsible entities where the responsible entity breaches the law” – Dr Rosemary Teele Langford. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “An analysis of shareholder resolutions involving Australian listed companies from 2004 to 2013” – Hui Xian Chia and Ian Ramsay; Corporate Insolvency – Helen Anderson: “ASIC, Phoenix activity and the view from the outside” – Helen Anderson, Ian Ramsay and Michelle Welsh; Corporate Governance, Corporate Responsibility and Law – Jean du Plessis: “Independent director requirements in Australia and the Asian region” – Luke Nottage and Fady Aoun.
The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of the Company and Securities Law Journal includes the following articles: “Legislating for co-operative identity: The new co-operatives national law in Australia” – Ann Apps; “Corporate and personal liability for ‘culture’ in corporations?” – John HC Colvin and James Argent; and “Are directors liable in negligence for misstatements in a prospectus?” – Victoria Stace. This issue also includes the following sections: Corporate Governance, Corporate Responsibility and Law – Professor Jean Jacques du Plessis: “Disclosure of non-financial information: A powerful corporate governance tool”; Directors’ Duties: “Corporate culpability, stepping stones and Mariner: Contention surrounding directors’ duties where the company breaches the law” – Dr Rosemary Teele Langford; and a Book Review: “Directors’ Duties: Principles and Application” – JH Farrar.
The latest Part of the Company and Securities Law Journal includes the following content: “Can an Australian company use a dispute resolution clause in its constitution to bar shareholder class actions?” – James Emmerig; “Public interest litigation under s 50 of the Australian Securities and Investments Commission Act 2001 (Cth): The case for amendment” – Tony Johnson; “Banning, disqualification and licensing powers: ACCC, APRA, ASIC and the ATO – Regulatory overlap, penalty privilege and law reform” – Tom Middleton; and the following sections: Corporate Insolvency: “Recovery from Ponzi scheme investors: New Zealand’s Fisk v McIntosh  NZHC 1403” – Trish Keeper; and Overseas Notes: New Zealand: “New Zealand rejects peak indebtedness” – Barry Allan.