Company and Securities Law Journal update: Vol 37 Pt 5
The latest Part of the Company and Securities Law Journal includes the following articles: “Market-based Causation after TPT Patrol Pty Ltd v Myer Holdings Ltd” – Corey Byrne and Michael Legg; “Delegation by Superannuation Fund Trustees” – M Scott Donald; and “Competition and Efficiency at the Mercy of Equality: Balancing the Equal Opportunity Principle and Maintaining a Competitive and Efficient Market” – Vanessa Murphy. This issue also includes the following sections: Editorial; Book Review: “A Case for Shareholders’ Fiduciary Duties in Common Law Asia” by Ernest Lim – reviewed by Associate Professor Rosemary Teele Langford; Directors’ Duties: “Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52 – “Dystopian Accessorial Liability” or The End of “Stepping Stones” as We Know It?” – Rosemary Teele Langford; and New Zealand and South Pacific: “Supporting SME Fundraising in Fiji” – Gordon Walker.
Company and Securities Law Journal update: Vol 37 Pt 3
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) [2018] NSWSC 1958” – Ganesh Jegatheesan; and “Widely-held Proprietary Companies: Opportunities and Challenges for Australian Craft Brewers” – Matt Vitale.
Modern Slavery, Climate Change, and One Big Elephant
Over 40 million people are living and working as slaves in the world today.[1] 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
Company and Securities Law Journal update: Vol 36 Pt 7
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.
Company and Securities Law Journal update: August 2016
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.
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: April 2016
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.
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The Future of Equity Crowdfunding in Australia
[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