company law and securities
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “In with the Old, Out with the New? The Rights of a Replaced Trustee Against its Successor, and the Characterisation of Trustees’ Proprietary Rights of Indemnity” – Diccon Loxton; “An Analysis of the Inconsistencies Regarding the Co-regulatory Environment for Registered Company Auditors in Australia” – Max Bessell, Lisa Powell and Grant Richardson; “Accountability and Retrospective Legislation – Implications for Directors, Officers and Third Parties” – Julie-Anne Tarr and Gavin Nicholson. Also in this Part are the following sections: Company Law and Securities: “Recent Developments in Corporate and Securities Law” – Bob Baxt AO; New Zealand and Other Jurisdictions: “Papua New Guinea’s consumer and competition framework review” – Andrew F Simpson and Brent Fisse; “Concentrated News Media Ownership after the NZME/Fairfax Merger” – Rex Ahdar.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding various recent developments. It also contains the following articles: “Retention of old titles: Pre-PPSA retention of title agreements and unfair preferences” – Chris Pearce; “Injunctions restraining the enforcement of letters of credit and performance guarantees: The Australian experience” – Thanuja Rodrigo; and “Data and information collected by genetically modified organism suppliers: For whose benefit? – Charles Lawson. Also in this Part is the following section: Company Law and Securities: “Judicial recognition of indirect causation and shareholder class actions” – Michael Legg and Madeleine Harkin.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
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 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 ABLR includes the following articles: “Consumer leases and consumer protection: Regulatory arbitrage and consumer harm” – Paul Ali, Cosima McRae, Ian Ramsay and Tiong Tjin Saw; “Wrestling with Giants – a critical account of supermarket power and competition law in Australia and the United Kingdom” – Madeline Taylor; and “Bounty hunters, whistleblowers and a new regulatory paradigm” – Vivienne Brand, Sulette Lombard and Jeff Fitzpatrick. There is also an Editorial and a Company Law and Securities section note.
The latest Part of ABLR includes three articles of interest. The first comes from Andrew Eastwood and seeks to explore policy issues such as whether it is appropriate for regulators to encourage the voluntary provision of a party’s legal advice, and whether a willingness to produce such advice should be seen as a necessary aspect of “full cooperation” with the regulator’s investigation. The second article is by Julie Anne Tarr which looks at striking a balance between commercial and public interests when regulating the coal industry. The final article comes from Philip Williams and explores the range of meaning given to the words “take advantage” as they appear in the monopolisation provisions of the competition laws of Australia and New Zealand.
The latest Part of ABLR includes two interesting articles. The first comes from Stephen Corones and Thomas Galloway and considers the uncertainty surrounding the scope of the best interests duty which forms part of the Government’s Future of Financial Advice (FOFA) reforms. The second article comes from Julie-Ann Tarr and considers the extent of private insurance cover and its availability to volunteers under home and contents insurance and under comprehensive motor vehicle insurance. There are also several section notes in this Part, including Privacy, Franchising, Consumer Dealings, and Company Law and Securities.
The latest Part of the Australian Business Law Review includes the following articles: “Do we need a better way for reviewing mergers?” by Peter Strickland; “Precluding prescriptive duties in fiduciary relationships: The problems with the proscriptive delimitation” by Leon Firios; and “The SMSF trustee-members” by Josephine Castillo. Also included in this Part are several sections: Competition and Market Regulation; Consumer Dealings; Company Law and Securities; and New Zealand Newsletter.
The February issue of ABLR contains an interesting mix of articles and sections covering a range of topics. The first article comes from Thanuja Rodrigo and discusses the Australian divergence from English law in matters restraining demands under on-demand guarantees. The second article by Nicholas Mavrakis and Michael Legg, examines the US Dodd-Frank whistleblower reforms and concerns regarding the bounty provisions.Also included are Banking and finance, Company law and securities and Competition law and market regulation sections.