Company and Securities Law Journal update: Vol 35 Pt 8
The latest Part of the Company and Securities Law Journal includes the following articles: “Catching Pre-insolvency Advisors: The Hidden Culprits of Illegal Phoenix Activity” – Helen Anderson and Jasper Hedges; “Personal Financial Product Advice under the Corporations Act” – RP Austin and Michael Vrisakis; “Commercial Litigation under the Personal Property Securities Act 2009 (Cth) – Part II” – Matthew Broderick and Dr David Morrison; “‘Persons Who Commonly Invest’: Who Are They?” – Andrew Eastwood; and “Financial Advisers – New Remuneration Constraints and Competency Requirements Addressing Perverse Incentives and Poor Advice” – Julie-Anne Tarr. This issue also includes the following sections: Editorial; Corporate Finance – Matthew Broderick: “et-Off and the PPSA: A Note on Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq)” – Anthony Duggan; Directors’ Duties – Dr Rosemary Teele Langford: “Breaches of Duty by Corporate Officers and Directors: Accessory Liability, Account of Profits and Causation” – Pauline Ridge; Corporate Insolvency – Helen Anderson: “To Prioritise or not to Prioritise: The Question of Prepayment Consumer Creditors” – Professor Christopher Symes and Dr Beth Nosworthy.
Company and Securities Law Journal update: Vol 35 Pt 4
The latest Part of the Company and Securities Law Journal includes the following articles: “Litigation Funding and Liquidators – The New Zealand Court of Appeal Takes a Permissive Approach” – Victoria Stace; “Who Bears the Burden for Business Losses: To What Extent Are Liability Issues of Business Structures Taught in Australian Accounting Degrees?” – Dale Boccabella and Dr Brett Freudenberg; “Whistleblowing Reforms: A Critical Analysis of the Current Law and the New “Bells and Whistles” Proposed” – Jim Apollo Mathiopoulos, Katrina Hogan and Jean Jacques du Plessis; Corporate Insolvency – Helen Anderson: “No “Silver Bullet”: A Multifaceted Approach to Curbing Harmful Phoenix Activity” – by Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh.
Company and Securities Law Journal update: Vol 35 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Reconsidering the Self-regulatory Approach to Corporate Social Responsibility” – Raisa Blanco; “Corporate Social Responsibility and ‘Contemporary Community Expectations’ – Jean Jacques du Plessis; “Unreasonable Director-related Transactions: The Long Arm of the Liquidator?” – Adam Fovent; Corporate Insolvency – Helen Anderson: “Flipping out: Flip clauses are enforceable in the United States again!” – Jenny Buchan and Rob Nicholls.
Company and Securities Law Journal update: November 2016
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.
Insolvency Law Journal update: Vol 24 Pt 3
The latest Part of the Insolvency Law Journal includes the following articles: “An empirical study of Australian judicial decisions relating to insolvency practitioner remuneration” – Stacey Steele, Vivien Chen and Ian Ramsay; and “Receivers and employees: An analysis of receivership and its effects on employee contracts and entitlements” – Lewis Gentry and Christopher Symes; and the following section notes: Recent Developments: “At the coalface of corporate insolvency and Phoenix activity: A Survey of ARITA and AICM Members” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; “Personal and corporate insolvency doing the same thing for the business end of town: why so complicated?” – David Morrison; and Report from New Zealand: “Insolvency practitioners in the spotlight” – Lynne Taylor.
Insolvency Law Journal update: Vol 24 Pt 2
The latest Part of the Insolvency Law Journal includes the following articles: “Illegal phoenix activity: Quantifying its incidence and cost” – Helen Anderson, Ian Ramsay and Michelle Welsh; “Unfair preferences: Putting an end to the peak indebtedness ‘rule’” – Stephen Russell and Sean Russell; and “The Australian Taxation Office – what role does it play in anti-phoenix activity?” – Colin Anderson, Jennifer Dickfos and Catherine Brown. It also contains and Editorial and the following section notes: Recent Developments: “The appointment of voluntary administrators, their conduct, and aspects of insolvency” – Dr David Morrison; Report from New Zealand: “Voidable transactions: recent developments” – Lynne Taylor; and a Book Review: “Cross-border Insolvency Law” – Stewart Maiden.
Company and Securities Law Journal update: June 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “Sunlight as the disinfectant for phoenix activity” – Helen Anderson; “Embracing Myanmar’s future: Reforming the 100-year-old Companies Act” – Dr Kath Hall, Dr Daw Than Nwe and Dr Khin Khin Oo; and “The controversy continues: The case for regulatory reform on members’ resolutions in Australia” – Ben Jacobsen and Howard Pender. This issue also includes the following sections: Company Law – Professor Robert Baxt AO: “The possible role of shadow directors in the collapse of Queensland Nickel Pty Ltd”; Takeovers and Public Securities – James Philips and Costas Condoleon: “Adjusting bid price for the value of franking credits in hostile bids”; Corporate Insolvency – Helen Anderson: “Labor’s policy to deal with phoenix activity affecting employees”; and Securities Industry and Managed Investments – Pamela Hanrahan: “Revisiting responsible entity directors’ liability to scheme members”.
Company and Securities Law Journal update: September 2015
The latest Part of the Company and Securities Law Journal includes the following content: “Equity crowdfunding in Australia: A regulatory balancing act” – Tim Ancev; “Commercial litigation under the Personal Property Securities Act 2009 (Cth): Part I” – Matthew Broderick, Dr David Morrison and Emma Ramage; “Section 1322 as a response to the complexity of the Corporations Act 2001 (Cth)” – Hui Xian Chia and Ian Ramsay; “Aspects of the law relating to contested elections of directors” – Rodd Levy; “Is a charitable donation by an insolvent company an uncommercial transaction under s 588FB of the Corporations Act 2001 (Cth)?” – Peter Sise; Corporate Insolvency: “The productivity commission, corporate insolvency and phoenix companies” – Helen Anderson, Ann O’Connell, Ian Ramsay, Michelle Welsh and Hannah Withers
Company and Securities Law Journal update: March 2015
The latest Part of the Company and Securities Law Journal includes the following articles: “Balancing ethics and risk: Changes to ASX Corporate Governance Principles 3 and 7” – Josephine Coffey; “The value of board gender diversity vis-à-vis the role of the board in the modern company” – Akshaya Kamalnath; and “Costs in statutory derivative actions: The lingering ghost of Wallersteiner” – Albert Monichino QC. Also in this Part is a Shareholders’ Remedies section about the division of power between the board and the general meeting and a Corporate Insolvency section about profiling phoenix activity.
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