The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “‘A Tiger Without Teeth’? The Forthcoming Review of the Modern Slavery Act 2018 (Cth) and the Place of ‘Traditional’ Penalties” – Margaret Cusenza and Vivienne Brand; “ASIC’s Regulatory Powers – Search Warrants, Telecommunications Interception Warrants, Financial Services Licensing Decisions and Banning Orders – Suggested Reforms” – Dr Tom Middleton; and “A Typology of Legal, Regulatory and Voluntary Initiatives to Address Gender Balance on Corporate Boards” – Katie Watson and Tim Connor.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “When a Seemingly Anti-competitive Merger Is Actually Better for the Market; Vodafone v ACCC” – Ketki Kotwal; and “Australian Open Banking: The Regulatory Dilemma of Balancing Different Policy Objectives” – Suman Podder. Also in this Part are the following sections: Editorial; Authorisations and Notifications; Telecommunications; Case Notes; Consumer Concerns; Report from Asia; and Report from North America.
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2020: Outcomes and Jurisprudence” – Mirko Bagaric; “Suppression Orders in Criminal Trials: Still Necessary in the Digital Era” – Marco Lopresti and Andrew Burke; “A Case against Joint Criminal Enterprise: The Problem of Defences” – Thomas Poberezny-Lynch; “Pocketing the Proceeds of Crime: A Case for Reform of Criminal Property Confiscation Legislation in New South Wales, Queensland and Western Australia” – Natalie Skead, Hilde Tubex, Sarah Murray and Tamara Tulich; and “Comparing Legal and Lay Assessments of Relevant Sentencing Factors for Sex Offences in Australia” – Kate Warner, Lorana Bartels, Karen Gelb, Julia Davis and Caroline Spiranovic. Also in this Part is an Editorial: “The Reality of Recidivism; the Illusion of Rehabilitation”.
The latest Part of the Journal includes the following articles: “Judicial Guidelines for Insolvent Litigation Funding Agreements” – Sulette Lombard and Christopher F Symes; and “Regulation of Insolvency Practitioners in a Pandemic” – Catherine Robinson. Also in this Part are the following sections: Editorial – Dr David Morrison; Recent Developments: “Creditor-defeating Dispositions: A Necessary Addition to Australia’s Corporate Insolvency Laws” – Stephanie Bruce; and Report from New Zealand: “Enforcement of Directors’ Duties in a Liquidation Context: Madsen-Ries v Cooper” – Lynne Taylor.
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Creative Machines: AI and IP Rights in Digital Authorship and Patentable Inventions” – Francina Cantatore; “Protecting the Golden Egg: Can Australian Copyright Law Respond to the Growing Problem of Live Sports Broadcast Piracy?” – Lachlan Gepp; and “Time to Face the Music: Lifting the Australian Commercial Radio Royalty Cap” – Mary Whitehead. There is also an Editorial by Dr David Brennan.
The latest Part of the Building and Construction Law Journal includes the following articles: “Is It Time for an Express Term of Good Faith in Australian Construction Contracts?” – Joseph Biagio Xuereb; and “No-reliance Clauses: Are They Effective at Limiting a Principal’s Liability for Misleading or Deceptive Conduct?” – Eileen Yang. Also in this Part are the following sections: Editorial; Book Review: “Construction Law (3rd ed)”, by Julian Bailey – Reviewed by Michael Christie SC; and Reports on the following cases: Leeda Projects Pty Ltd v Zeng; TFM Epping Land Pty Ltd v Decon Australia Pty Ltd; and C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd.
The latest Part of the Company and Securities Law Journal includes the following articles: “A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China: Contributing Factors for Chinese Cross-border Listed Companies’ Continuous Disclosure Performance in Australia?” – Belle Qi Guo; “Charitable Companies and Related Party Transactions” – Rosemary Teele Langford; and “An Analysis of ASIC Enforcement against Auditors and Liquidators” – Ian Ramsay and Miranda Webster. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge, Intent, Recklessness and Negligence in Breaches: A Discussion” – Michael J Duffy.