The latest Part of the Australian Business Law Review includes the following articles: “Commercial Imperatives and Public Benefit: Recognising Commercial Purposes as Charitable Purposes” – Derwent Coshott; “Moving Beyond Murry – From Attraction of Custom to Everything that Adds Value” – Tyrone M Carlin; and “‘Knowledge’ and Pre-contract Disclosure under the Insurance Contracts Act” – Julie-Anne Tarr. Also in this Part are the following sections: Acknowledgments; and Company Law and Securities: “Protecting Whistleblowers: A Critical Analysis of Mandatory Corporate Whistleblower Policies” – Sonny Scott.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Acknowledgments, Commissioner of Taxation (Cth) v Murry, company law and securities, custom doctrine, Derwent Coshott, element of "knowledge", Insurance Contracts Act 1984 (Cth) ss 21 and 21A, Julie-Anne Tarr, mandatory corporate whistleblower policies, Non-Charitable Purpose (NCP) trust, pre-contract disclosure provisions, protection of whistleblowers, Sonny Scott, Tyrone M Carlin |
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “A Code of Conduct for Supermarket-Supplier Relations: Has it Worked?” – Caron Beaton-Wells and Jo Paul-Taylor; “Non-profit? It’s Not What You Think it Means” – Jason Mitchell; “A Critical Assessment of Shareholder Class Action Settlements – The Allco Class Action” – Michael Legg. Also in this Part are the following sections: Company Law and Securities: “Commentary on Aspects of The Murray Report and the Proposed Whistleblowing Legislation” – Bob Baxt AO; Competition Law and Market Regulation: “Ten Years On, There is Still a Need to Modernise Regulation of Australian Business” – Professor Bob Baxt AO.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Allco class action settlement, Brent Fisse, Caron Beaton-Wells, code of conduct for supermarket-supplier relations, company law and securities, Competition law and market regulation, Editorial, election for exclusion from the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), exclusion from the Income Tax Assessment Act 1997 (Cth) (ITAA), Food and Grocery Code of Conduct (FGCC), ITAA and GST concepts of a non-profit body, Jason Mitchell, Jo Paul-Taylor, litigation funding, Michael Legg, modernisation of Australian business regulation, Professor Bob Baxt AO, proposed whistleblowing legislation, shareholder class action settlements, The Murray Report, what constitutes a “distribution” of profit or assets |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Andrew F Simpson, Australian Securities and Investments Commission, Brent Fisse, co-regulatory environment for registered company auditors, company law and securities, consumer and competition framework review, corporate and securities law, Diccon Loxton, directors and officers, Editorial, Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld), Francis framework, Gavin Nicholson, Grant Richardson, Julie-Anne Tarr, Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016 (Qld), Lisa Powell, Max Bessell, New Zealand and other jurisdictions, news media ownership, NZME/Fairfax merger, Papua New Guinea, professional accounting bodies, Professor Rex Ahdar, Professor Robert Baxt AO, retrospective application of legislation, scope of liability, successor trustees, trustees' proprietary rights of indemnity |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Agricultural and Veterinary Chemicals Code Act 1994 (Cth), Blakeley v Yamaha Music Australia Pty Ltd, Charles Lawson, Chris Pearce, company law and securities, data collection, Editorial, enforcement of letters of credit, enforcement of performance guarantees, fraud, Gene Technology Act 2000 (Cth), genetically modified organisms (GMOs), GMO supplier contract, Hussain v CSR Building Products Ltd, In the matter of HIH Insurance Ltd (in liq) (2016) 113 ACSR 318, Indirect Causation, injunctions, Madeleine Harkin, Michael Legg, negative stipulation, Personal Property Securities Act 2009 (Cth) (PPSA), Pre-PPSA transactions, Professor Robert Baxt AO, retention of title agreements, Romalpa clauses, security interests, shareholder class actions, Thanuja Rodrigo, unconscionability, unfair preferences |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Alexander Vial, Anthony Asher, Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, Brent Fisse, cartel provisions, civil and criminal penalties, Commonwealth v Director Fair Work Building Industry Inspectorate (2015) 90 ALJR 113; [2015] HCA 46, company law and securities, competition law, Competition law and market regulation, discretionary by-pass provisions, Editorial, exposure draft legislation, facilitating practices, Future of Financial Advice (FOFA), Hanlong Mining, Harper Review, insider trading, Julie-Anne Tarr, Linda Evans, Mark Fisher, market power guidelines, Michael Legg, most favoured customers, National Broadband Network (NBN), parallel criminal and civil cartel provisions, Professor Robert Baxt AO, Professor Stephen Corones, Pt IV of the Competition and Consumer Act 2010 (Cth), Registrable Superannuation Entity (RSE) licensing, Regulatory Impact Statement (RIS), s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), sentencing, settlement practices, Sue Taylor, vertical restraints |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Assoc Prof Paul Ali, Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Bob Baxt, commercial certainty, company law and securities, Competition law and market regulation, contractual triggers, Editorial, Evan Douglas, false or misleading, forensic accounting, franchising, goodwill, Jeanette Van Akkeren, Julie-Anne Tarr, Linda Widdup, Lorelle Frazer, Maurice Roussety, Personal Property Securities Act 2009 (Cth), Personal Property Securities Register, PPSA, premium claims, premium pricing, priority rules, Professor Robert Baxt AO, Professor Stephen Corones, registration errors, Sherrena Buckby |
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”.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, accountability, AGL Energy Merger Authorisation, Anne Rees, ASIC, Ben Morawetz, CAMAC, charitable trusts, Companies and Markets Advisory Committee, company law and securities, Competition law and market regulation, compliance, Eve Brown, federal regulation, financial services providers, infringement notices, Insurance and Transport Law, Insurance Contracts Act 1984 (Cth), maverick firm, merger analysis, Professor Julie-Anne Tarr, Professor Robert Baxt AO, Professor Stephen Corones, recovery, trustee companies |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, ACCC, company law and securities, competition law, consumer leases, Consumer Protection, Cosima McRae, Ian Ramsay, Jeff Fitzpatrick, Madeline Taylor, Paul Ali, regulation, Sulette Lombard, supermarket power, the Bell case, Tiong Tjin Saw, Vivienne Brand, whistleblowers |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, Andrew Eastwood, coal industry, commercial interests, company law and securities, counterfactual test, culture of compliance, Julie-Anne Tarr, legal advice, legal professional privilege, Philip Williams, public interests, Robert Baxt AO |
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.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, best interests duty, company law and securities, Consumer dealings, Consumer Protection, franchising, Julie-Anne Tarr, liability, privacy, private insurance, Stephen Corones, Thomas Galloway, volunteers |
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