Corporations Act 2001 (Cth)
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Voting Recommendations in Schemes: Navigating the New Landscape” – Alberto Colla; “Sport Australia’s Governance Principles for National Sporting Organisations: The Triumph of Managerialism over Accountability and Representation in Australian Sport” – Lloyd Freeburn; and “Social Licence to Operate and Directors’ Duties: Is There a Need for Change?” – Rosemary Teele Langford. This issue also includes the following sections: Editorial; Book Review: “Company Directors’ Duties and Conflicts of Interest” by Rosemary Teele Langford – reviewed by JH Farrar; Corporate Finance: “Case Note: Re O’Keeffe Heneghan Pty Ltd (in liq) (No 2)  NSWSC 1958” – Ganesh Jegatheesan; and “Widely-held Proprietary Companies: Opportunities and Challenges for Australian Craft Brewers” – Matt Vitale.
Over 40 million people are living and working as slaves in the world today. It is a staggering figure. It is outrageous! In the current issue of the Company and Securities Law Journal (C&SLJ), Vol 37 No 2, Justine Nolan and Nana Frishling argue that globalisation has spurred the growth of modern slavery (including servitude, ...more
The latest Part of the Australian Tax Review includes the following articles: “Where Are All the Women in Tax?” – Ann O’Connell; “Laws to Protect Tax Whistleblowing in Australia: What Does This Mean for Taxpayers and the Taxation Profession?” – John McLaren; and “The Design Elements of Flow-Through Taxation” – Alex Evans. There is also an Editorial; and a Book Review: “Back to the Future: Double Taxation and the League of Nations” by Sunita Jogarajan – Reviewed by Gareth Redenbach.
The latest Part of the Company and Securities Law Journal includes the following articles: “Piercing the Corporate Veil to Reach the Money for Employees: Why, How and Where to Next?” – Helen Anderson; “A Legal Identity for Mutuals – Distinguishing between Profit and Purpose” – Ann Apps; and “Country-by-Country Tax Reporting: A Critical Analysis of Enhanced Regulatory Requirements for Multinational Corporations” – Adrian Sawyer and Kerrie Sadiq. This issue also includes the following sections: Editorial; and Directors’ Duties: “Does s 191 of the Corporations Act Include Conflicting Duties?” – Rosemary Teele Langford and Ian Ramsay.
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
[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: “Deterring corporate wrongdoing: Penalties, financial services misconduct and the Corporations Act 2001 (Cth)” – Helen Bird and George Gilligan; “The adequacy of ASIC’s “tool kit” to meet its obligations under corporations and financial services legislation” – Vicky Comino; “The Australian Sports Commission’s “Governance Reform in Sport” discussion paper and voting rules in corporate constitutions” – Robert D Macdonald and Ian Ramsay. This issue also includes the following sections: Directors’ Duties – Rosemary Teele Langford: “Should the statutory business judgment rule apply to directors’ compliance decisions?” – Tim Connor.
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”.
The latest Part of the Company and Securities Law Journal includes the following articles: “Corporate governance for Australian energy and resources companies” – John Chandler and Jared Clements; “Assessing the effectiveness of ASIC’s accountability framework” – Diana Nestorovska; and “Termination payments under the Corporations Act 2001 (Cth) – Some issues” – John Sartori. This issue also includes the following sections: Corporate Governance, Corporate Responsibility and Law – Professor Jean Jacques du Plessis: “Shareholder primacy and other stakeholder interests”; and Overseas Notes: New Zealand: “Equity crowdfunding in Australia” – Gordon Walker, Alma Pekmezovic and Annabelle Walker.
With thousands in job losses and potential losses from the collapse of Queensland Nickel and given the current difficulties faced by Arrium’s Whyalla steel works, the fate of the accrued entitlements of the workers concerned appears uncertain. Taxpayers may be required to pay these entitlements to the order of hundreds of millions of dollars. Indeed, the ...more