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Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 2

By Journal Alerts on August 28, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Angela Flannery, ASIC v Citigroup, Australian Financial Complaints Authority (AFCA), Banking Law and Banking Practice, Benjamin Geva, Canada, contractual assignment clauses, developing consumer credit law, dominance of external dispute resolution (EDR) in the consumer credit sector, Dr Alan L Tyree, electronic chattel paper, fiduciary law and fiduciary exclusions, international payments gone wrong, JBFLP, John Sheahan QC, Linda Widdup, Nuncio D'Angelo, Pamela Hanrahan, Personal Property Securities Act 2009 (Cth), Securities and mortgages, Ss 81 of the Personal Property Securities Act 2009 (Cth) (PPSA), superannuation after the Hayne Royal Commission, William Kim | Leave a response

Australian Law Journal update: Vol 91 Pt 12

By Journal Alerts on December 18, 2017

The latest Part of the Australian Law Journal includes the following articles: “Paciocco in the High Court: Penalties and Late Payment Fees” – J G H Stumbles; and “Australian Rules: A Survey of the High Court of Australia on Construction Law 1965-2016” – Professor John Sharkey AM. Also in this Part are the following sections: Current Issues; Letters to the Editor; Conveyancing and Property; Personalia: Commonwealth, New South Wales and Queensland; Admiralty and Maritime; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged 30 Years of the Judicial Commission of NSW, Aboriginal Languages Act 2017 (NSW), Administration Act 1903 (WA), Admiralty Act 1988 (Cth) s 6(b), Admiralty and Maritime, Airbnb short-term letting in strata schemes, ALJ, Brendan Edgeworth, Canada, Cavendish and ParkingEye litigation, Claimant Suing in Negligence as Result of Motor Vehicle Accident, Clare Langford, Commonwealth Constitution s 44(i), Commonwealth Government responds to the Referendum Council's Report, Commonwealth Redress Scheme for victims of institutional child sexual abuse, constitutional law, Construction Law 1965-2016, Conveyancing and property, Current issues, Dr Damien J Cremean, Dual Citizenship, IBA, J G H Stumbles, Justice David Graham Thomas, Justice François Kunc, Justice Guy Parker, Justice Helen Bowskill, late payment fees and penalties, new approach to statutory interpretation, Paciocco in High Court, parking and easements, parliamentary elections, Personalia, President Walter Sofronoff, Probate, Professor John Sharkey AM, Recent cases, recommended national standards for working with interpreters in courts and tribunals, Robert Angyal SC, Ruth C A Higgins SC, same-sex marriage law reform, What Constitutes Mental Injury, Where Referred Persons Elected to Commonwealth Parliament, Whether Wrongdoer Can Benefit Indirectly as a Result of Crime | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 3

By Journal Alerts on September 18, 2017

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged administrative penalties, Andrew Eastwood, Angela Flannery, Anthony Sommer, Banking Executive Accountability Regime, Banking Law and Banking Practice, Benjamin Geva, bitcoin, Canada, Chapter III of the Commonwealth Constitution, Dr Alan L Tyree, Dr Matteo Solinas, financial collateral laws, financial exclusion, Financial System Legislation Amendment (Resilience and Collateral Protection) Act 2016 (Cth), Francis Cardell-Oliver, Francisco Widjojo, Gerard Breen, Hamersley Iron Pty Ltd v Forge Group Power Ltd [2017] WASC 152, Insolvency law and management, interpretation of performance guarantees, James Emmerig, Jason Harris, JBFLP, Joel Emery, John Jarvis QC, John Sheahan QC, judicial review proceedings of Financial Ombudsman Service decisions, Kallun Willock, Lindsay Powers, Marissa A Daniels, Masahiro Ueno, Max Allan, Michael Green, microfinance, Miranda Stewart, Neville Gray, oversight and regulation of payment systems, Paul Rogerson, Personal Property Securities Act 2009 (Cth), Peter A Aziz, Securities and mortgages, Senior Managers and Certification Regime (UK), set-off rights, Simic v New South Wales Land and Housing Corporation [2016] HCA 47, Stephanie Ben-Ishai, Stewardship Code (Japan), Stuart Dutson, taxation of digital currency, Thanuja Rodrigo, Tokyo, United Kingdom and Europe | Leave a response

The Tort Law Review update: July 2016

By Journal Alerts on July 28, 2016

The latest Part of the Tort Law Review includes the following articles: “Vulnerability, tort and economic loss: Protection via contract” – Meghan De Pinto-Smith; “The uncertain scope of malicious prosecution: Insights from Canada” – Michael Marin; and “The price of a four-legged friend: Non-economic damage award in Australian pet litigation” – Alexandra Whittaker and Megan Vine.

Posted in Journals, Tort Law Review, The (Tort L Rev), Update Summaries | Tagged Alexandra Whittaker, animals, Canada, disentitlement to protection, duty of care, floodgates, malicious prosecution, Megan Vine, Meghan De Pinto-Smith, Michael Marin, non-economic damages, pet harm, pet litigation, pet owners, plaintiff's capacity, pure economic loss, Tort L Rev, vulnerability, wrongful administrative and civil proceedings | Leave a response

Criminal Law Journal update: June 2016

By Journal Alerts on June 11, 2016

The latest Part of the Criminal Law Journal includes the following articles: “Proving that an organisation is a ‘criminal’ organisation: R v Cluse, experiential occupational evidence and the rule against hearsay” – The Hon Justice Martin Hinton; “‘Pin the tail on the donkey’: The role of ‘role’ in sentencing for large commercial drug offences in New South Wales” – Isaac Morrison; and “Post-sentence continued detention of high-risk terrorist offenders in Australia” – Charisse Smith and Mark Nolan. Also in this Part is an Editorial on the determination regarding legal aid assistance in R v Bayley [2013] VSC 313 (Jill Meagher case); Book Review: “The Safest Shield: Lectures, Speeches and Essays – by Lord Igor Judge – reviewed by The Hon Justice Gilles Renaud; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged book review, Canada, Charisse Smith, Charlie Hebdo, Continuing Detention Orders (CDO), Control Orders (COs), convicted terrorists, Crim LJ, criminal enterprise, criminal organisation: R v Cluse (2014) 120 SASR 268; [2014] SASCFC 97, de-radicalisation program, Digest of criminal law cases, Editorial, ERG22+, experiential occupational evidence, hearsay, Isaac Morrison, large commercial drug supply and importation offences, Lord Igor Judge, Mark Nolan, Marteley v The Queen [2015] NZSC 127, Matthew Groves, MLG, motorcycle gang, post-sentence preventative detention regime, Preventative Detention Orders (PDOs), questioning powers, religious re-education, risk assessment, scientific experiential evidence, sentencing statistics, The Hon Justice Gilles Renaud, The Hon Justice Martin Hinton, The Safest Shield: Lectures Speeches and Essays, United Kingdom, VERA, VERA-2, violent offender regimes | Leave a response

Journal of Banking and Finance Law and Practice update: June 2015

By journals team on June 9, 2015

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Agricultural security interests under the PPSA” – Matthew Broderick and Nick Humzy-Hancock; and “It might be yours there but it’s not down here: Issues arising under the PPSA in cross-border transactions” – Stephanie Derrington. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Wealth Management; Insolvency Law and Management; Recent Publications; Tokyo; United Kingdom and Europe; and Canada.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged agricultural security interests, bank fees class action, Banking Law and Banking Practice, Canada, Commercial and finance law, commercial trust cases, cross-border transactions, express trust, guarantee of prior debts, Insolvency law and management, JBFLP, Korda v Australian Executor Trustees, Matthew Broderick, Nick Humzy-Hancock, PPSA, Recent Publications, solicitor-client relationship, Stephanie Derrington, Tokyo, United Kingdom and Europe, voidable transactions claims, Wealth Management | Leave a response

Journal of Banking and Finance Law and Practice update: December 2014

By journals team on December 17, 2014

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Applicable law in letters of credit transactions” – Hang Yen Low and Keith Uff; “Why the Australian finance industry should pay closer attention to chattel paper” – Nicholas Mirzai and Paul Richter; and “Pacific injustice and instability: Bank account closures of Australian money transfer operators” – Ken C Ooi and Ross P Buckley. Also in this Part are the following sections: Banking Law and Banking Practice; Tax and Stamp Duty; Commercial and Finance Law; Insolvency Law and Management; Recent Publications; Tokyo; and Canada. There is also a Q&A with the General Editor of JBFLP Gregory Burton SC about the 25th anniversary of the Journal and a Forum response about Australian policymakers and crowdfunding.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged applicable law, Banking Law and Banking Practice, Canada, chattel paper, Commercial and finance law, cross-border insolvency, crowdfunding, economic development, employee theft, finance industry, Gregory Burton SC, Hang Yen Low, Insolvency law and management, JBFLP, Keith Uff, Ken C Ooi, Lend Lease, letter of credit transactions, money transfer operators, Nicholas Mirzai, Paul Richter, PPSA, Recent Publications, remittances, Ross P Buckley, secret commissions, Tax and Stamp Duty, Tokyo | Leave a response

Journal of Banking and Finance Law and Practice update: September 2014

By journals team on September 15, 2014

The latest Part of the Journal of Banking and Finance Law and Practice publishes the following articles: “Factors that affect corporate governance practices in Saudi Arabian listed banks” – Ashraf Al-Sahafi, Marcus Rodrigs and Lisa Barnes and “Illegality as a ground for withholding payment in documentary credit transactions” – Hang Yen Low. Also in this Part are the following sections: Banking Law and Banking Practice; Commerical and Finance Law; Insolvency Law and Management; Recent Publications; Canada; New Zealand; and a Book Review.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Ashraf Al-Sahafi, Banking Law and Banking Practice, book review, Canada, Commerical and Finance Law, corporate governance, Corporate Governance Regulations, Hang Yen Low, illegality, Insolvency law and management, JBFLP, Lisa Barnes, listed banks, Marcus Rodrigs, New Zealand, Recent Publications, Saudi Arabia, withholding payment | Leave a response

Australian Intellectual Property Journal update: March 2014

By journals team on March 27, 2014

The latest Part of the Australian Intellectual Property Journal includes the following articles: “Fairness and balance: Lessons from Canada for the proposed Australian law of fair use” – Melissa de Zwart; “Authorisation as accessorial liability: The overlooked role of knowledge” – Joachim Dietrich; and “Trade marks for the design and layout of retail premises” – Ben McEniery. Also included in this Part is a book review from David Brennan of “Code Wars – 10 Years of P2P Software Litigation” by Rebecca Giblin.

Posted in Australian Intellectual Property Journal (AIPJ), Update Summaries | Tagged accessorial liability, AIPJ, authorisation, balance, Ben McEniery, book review, Canada, Copyright Act 1968 (Cth), David Brennan, design, fair use, fairness, Joachim Dietrich, layout, Melissa de Zwart, retail premises, trade marks | Leave a response

Criminal Law Journal update: October 2013

By journals team on September 19, 2013

The latest Part of the Criminal Law Journal includes the following articles: “Policing corruption and corporations in Australia: Towards a new national agenda” – Simon Bronitt; “Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far” – Dr Natalie Skead; “Recent developments in Canadian criminal law” – Gerry Ferguson and Benjamin L Berger. Also in this Part is a Case and Comment and a Digest of Recent Criminal Cases.

Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged Benjamin L Berger, Canada, Case and Comment, causation, Crim LJ, criminal law, Digest of Recent Criminal Cases, Dr Adrian Carter, Dr Francesca Bartlett, Dr Natalie Skead, drug traffickers, Gerry Ferguson, Matthew Groves, Northern Territory, Parkinson's disease, police corruption, procedural rights, property confiscation, Simon Bronitt, voluntariness, Wayne Hall, Western Australia | Leave a response

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