The latest Part of the Australian Business Law Review includes the following articles: “COVID-19, JobKeeper and Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law” – Victoria Lambropoulos; “The Contractual Impact of COVID-19 on Corporate and Financial Transactions” – Andrew Godwin; “The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector” – Jenny Buchan and Rob Nicholls; “Courts, Mediation and COVID-19” – Tania Sourdin and John Zeleznikow; “Commercial Litigation and COVID-19 – the Role and Limits of Technology” – Michael Legg and Anthony Song; “Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis” – Alex Jane and Jeannie Marie Paterson; “Prepayments, the ACL and the ASIC Act” – Philip H Clarke; “COVID Collaboration and Competition Policy: Authorisation vs Forbearance as Crisis Responses” – David Howarth and Harriet Alexander; and “Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry” – J Tarr, A Tarr and K Paynter. Also in this Part is an Editorial by Dr Victoria Lambropoulos.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged "fees for no service" scandal, 2018 Senate Inquiry into drone operations, 2019 Banking Royal Commission, A Tarr, ABLR, airlines, Alex Jane, Andrew Godwin, Anthony Song, articles, audio-visual link platforms, Australian Competition and Consumer Commission, Australian Consumer Law, Civil Aviation Safety Amendment (Remotely Piloted Aircraft and Model Aircraft – Registration and Accreditation) Regulations 2019 (Cth), class exemption power, closure of borders, collaborative responses, commercial drone use, Commercial Litigation and COVID-19 – the Role and Limits of Technology, consumer rights, contract law, courts and ADR services, Courts Mediation and COVID-19, COVID Collaboration and Competition Policy: Authorisation vs Forbearance as Crisis Responses, COVID-19 employment law amendments, COVID-19 JobKeeper and Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law, COVID-19 pandemic, credit vouchers, crisis-management approach, David Howarth, demand conditions, deployment technology, disruptions to supply chains, distribution arrangements, doctrine of frustration, domestic and international air travel, Dr Victoria Lambropoulos, drone registration and training requirements, Editorial, electronic filing systems, Fair Work Act 2009 (Cth), force majeure clauses, franchising, Franchising Code of Conduct, Frustratingly Unclear? The Interplay Between Common Law Statute and the ACL in Assessing Consumer Rights in a Time of Crisis, good faith obligation, granting urgent interim authorisations, Harriet Alexander, health professionals, J Tarr, Jeannie Marie Paterson, Jenny Buchan, John Zeleznikow, K Paynter, long-term efforts to preserve competition, material adverse change clauses, Michael Legg, online hearings, online shoppers, online trials, Philip H Clarke, post-pandemic economic contraction and recovery, prepayment for goods and services, Prepayments, redundancy, restrictions on business activity, Rob Nicholls, service contracts, service-providing industries, short-term measures, social isolation measures, sporting and entertainment events and fixtures, stand down, statutory incursions on remedy, Tania Sourdin, technology, the ACL and the ASIC Act, The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector, The Contractual Impact of COVID-19 on Corporate and Financial Transactions, Transport Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry, Victoria Lambropoulos |
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Assoc Prof Paul Ali, Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Bob Baxt, commercial certainty, company law and securities, Competition law and market regulation, contractual triggers, Editorial, Evan Douglas, false or misleading, forensic accounting, franchising, goodwill, Jeanette Van Akkeren, Julie-Anne Tarr, Linda Widdup, Lorelle Frazer, Maurice Roussety, Personal Property Securities Act 2009 (Cth), Personal Property Securities Register, PPSA, premium claims, premium pricing, priority rules, Professor Robert Baxt AO, Professor Stephen Corones, registration errors, Sherrena Buckby |
The latest part of the Australasian Dispute Resolution Journal includes the following articles: “Resistance to the teaching of ADR in the legal academy” – Pauline Collins; “Landing in the right class of subject to contract agreements” – David Spencer; “Tipping the scales – to what extent does the presence of power imbalances detract from the efficacy of principled negotiation?” – John Woodward; “A theory of interest-based dispute management in business format franchising” – Courtenay Atwell; “Zombie mediations” – Dr Rhain Buth; and “Using conflict coaching to support people to develop a secure mind in relation to conflict” – Karen Prime.
Posted in Australasian Dispute Resolution Journal (ADRJ), Update Summaries | Tagged "zombie mediations", ADRJ, alternative dispute resolution, case notes, conflict coaching, court-connected mediation, Courtenay Atwell, David Spencer, Dr Rhain Buth, franchising, interest-based dispute management, John Woodward, Karen Prime, Pauline Collins, principle negotiation |
The latest Part of the Australian Business Law Review includes the following articles: “Information exchange, hub and spoke arrangements and collusion” – Rhonda L Smith and Arlen Duke; “Reinvigorating the trade and commerce power” – Anthony Gray; “Could Canadian-style interest arbitration work in Australia?” – Anthony Forsyth; “The duty to act in the best interests of the public entity – a regulatory analysis” – Marco Bini; and “Issues at the end of a franchising relationship” – Andrew Terry and Maree Chetwin. There is also an editorial and an Insurance Law section.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, accountability of insurers, Andrew Terry, Anthony Forsyth, Anthony Gray, Arlen Duke, Canadian labour law, collusion, Consumer Protection, duty to act in good faith, Fair Work Act, first contract arbitration, franchising, Harper Report, hub and spoke arrangements, Insurance Law, interest arbitration, Marco Bini, Maree Chetwin, Professor Julie-Anne Tarr, public sector, Rhonda L Smith, trade and commerce |
The latest Part of ABLR includes two interesting articles. The first comes from Stephen Corones and Thomas Galloway and considers the uncertainty surrounding the scope of the best interests duty which forms part of the Government’s Future of Financial Advice (FOFA) reforms. The second article comes from Julie-Ann Tarr and considers the extent of private insurance cover and its availability to volunteers under home and contents insurance and under comprehensive motor vehicle insurance. There are also several section notes in this Part, including Privacy, Franchising, Consumer Dealings, and Company Law and Securities.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, best interests duty, company law and securities, Consumer dealings, Consumer Protection, franchising, Julie-Anne Tarr, liability, privacy, private insurance, Stephen Corones, Thomas Galloway, volunteers |
The latest Part of the Australian Business Law Review publishes the following articles: “A step too far in consumer credit protection: Are external dispute resolution schemes wielding the sword of Damocles?” – Franci Cantatore and Brenda Marshall; “Advertising by professions and the Competition and Consumer Act 2010 (Cth)” – Anthony Gray; “Do deep pockets have a place in competition analysis?” – Rhonda L Smith and David K Round; and “How likely is “likely”? Metcash, counterfactuals and proof under s 50” – Daniel McCracken-Hewson. There is also a Consumer Dealings section and a Franchising section.
Posted in Australian Business Law Review (ABLR) | Tagged ABLR, advertising, Anthony Gray, Brenda Marshall, Chris Field, competition analysis, Competition and Consumer Act 2010 (Cth), consumer credit protection, Consumer dealings, counterfactuals, Daniel McCracken-Hewson, David K Round, dispute resolution, franchising, Franci Cantatore, Frank Zumbo, lawyers, market power, Metcash, proof, regulation, Rhonda L Smith |
The August 2011 issue of the Australian Business Law Review contains several interesting pieces on a range of topics. There are articles on the use of infringement notices by ASIC for alleged continuous disclosure contraventions, the Australian doctrinal position against the backdrop of good faith, the effect of the Personal Property Securities Act 2009 (Cth) on the Sale of Goods exceptions and much more.
Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged Aakash Desai, ABLR, Andrew Terry, ASIC, Bill Dixon, Commercial Litigation, Competition and market regulation, continuous disclosure contraventions, Denise McGill, doctrinal development, franchising, Franchising Code of Conduct, global cartel, good faith, Ian M Ramsay, nemo dat rule, Personal Property Securities Act 2009 (Cth), Sale of Goods Act, Yun Zhang |