Company and Securities Law Journal update: Vol 36 Pt 4
The latest Part of the Company and Securities Law Journal includes the following articles: “The Penalty Quantum for Non-compliance with Corporate Disclosure: Solace for the Market” – Larelle (Ellie) Chapple, Thu Phuong Truong and Michelle Welsh; “An Analysis of Challenges to ASIC’s s 920A Banning Orders against Financial Services Providers in the AAT and the Courts” – Dr Robin Bowley; “Related Party Dealings Out of Managed Investment Schemes: Four Quandaries Addressed” – Tom Clarke; and “Risky Business and the Safe Harbour: Evaluating the Insolvent Trading Reform from a Creditor Perspective” – Emma Norton. This issue also includes the following sections: Editorial by Edmund Finnane; and Directors’ Duties – Dr Rosemary Teele Langford: “A Reconsideration of s 1324(10) of the Corporations Act 2001 (Cth): Damages in Lieu of an Injunction” – Dr Katy Barnett.
Company and Securities Law Journal update: Vol 36 Pt 3
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial by Paul Ali; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.
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 5
The latest Part of the Company and Securities Law Journal includes the following articles: “ASIC Enforcement Outcomes: Trends and Analysis” – Ian Ramsay and Miranda Webster; “Voluntary Administration Outcomes: Evidence from Listed Companies During the Financial Crisis” – Dr James Routledge. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “A New Penalty Regime for the Corporations Act” – Professor Bob Baxt; Directors’ Duties – Dr Rosemary Teele Langford: “Stakeholder Interests and the Duty of Care” – Dr Rosemary Teele Langford; Book Review: “Effective Company Disclosure in the Digital Age” – by Gill North – reviewed by Andrew Godwin.
Company and Securities Law Journal update: October 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.
Australian Law Journal update: Vol 90 Pt 7
The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It contains the following articles: “Getting to Grips with Encroachments on Freedoms in Commonwealth Laws: The ALRC Freedoms Inquiry” – Rosalind Croucher; “Why are Decisions on Family Property so Inconsistent?” – Patrick Parkinson AM. This Part also includes the following sections: Conveyancing and Property; Overseas Law; Environmental Law; Recent Cases, Book Reviews and Obituary.
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: February 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “Legislating for co-operative identity: The new co-operatives national law in Australia” – Ann Apps; “Corporate and personal liability for ‘culture’ in corporations?” – John HC Colvin and James Argent; and “Are directors liable in negligence for misstatements in a prospectus?” – Victoria Stace. This issue also includes the following sections: Corporate Governance, Corporate Responsibility and Law – Professor Jean Jacques du Plessis: “Disclosure of non-financial information: A powerful corporate governance tool”; Directors’ Duties: “Corporate culpability, stepping stones and Mariner: Contention surrounding directors’ duties where the company breaches the law” – Dr Rosemary Teele Langford; and a Book Review: “Directors’ Duties: Principles and Application” – JH Farrar.
Company and Securities Law Journal update: May 2015
The latest Part of the Company and Securities Law Journal includes the following articles: “The duty to act in the best interests of the public entity in Victoria: Legal and empirical meanings” – Marco Bini; “Equitable money remedies against financial advisers who give “advice about advice”” – Simone Degeling and Jessica Hudson; “Integrated reporting and directors’ concerns about personal liability exposure: Law reform options” – Anna Huggins, Roger Simnett and Anil Hargovan; and the following sections: Company Law: “Enforcement of continuous disclosure laws by the Australian Securities and Investments Commission” – Ian Ramsay; and Directors’ Duties: “Conflicts, proactive disclosure and s 181 of the Corporations Act” – Rosemary Teele Langford.
Company and Securities Law Journal update: August 2014
The latest Part of the Company and Securities Law Journal includes the following articles: “The payment of dividends: Legal confusion, complexities and the need for comprehensive reform in Australia” – Stephen Alevras and Jean du Plessis; “The financial literacy of young Australians: An empirical study and implications for consumer protection and ASIC’s National Financial Literacy Strategy” – Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay; and “The possession and materiality of information in insider trading cases” – Juliette Overland. There is also a Directors’ Duties section: “Directors’ fiduciary duties in the Western Australia Supreme Court – again” – Rosemary Teele Langford.
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