Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail (Vol 38 Pt 5)
This Special Issue of the Company and Securities Law Journal includes the following articles: “Legislative Design – Clarifying the Legislative Porridge” – Andrew Godwin, Vivienne Brand and Rosemary Teele Langford; “Delegated Legislation in Financial Services Law: Implications for Regulatory Complexity and the Rule of Law” – Tess Van Geelen; “Disclosure (Dis)content: Regulating Disclosure in Prospectuses and Product Disclosure Statements” – Phoebe Tapley and Andrew Godwin; “Australia’s Licensing Regimes for Financial Services, Credit, and Superannuation: Three Tracks toward the Twin Peaks” – Cindy Davies, Samuel Walpole and Gail Pearson; and “Regulating for Loyalty in the Financial Services Industry” – Samuel Walpole, M Scott Donald and Rosemary Teele Langford. Also in this Part are the following sections: Editorial; and Overview: “Special Issue on the Australian Law Reform Commission Legislative Mapping Project” – Justice Sarah Derrington, Rosemary Teele Langford and Andrew Godwin.
In the latter part of 2020, the Australian Law Reform Commission (ALRC) was tasked by the Federal Government to review the legislative framework for corporations and financial services regulation, with a view to ensuring, “within … existing policy settings”, that framework is “adaptive, efficient and navigable”. For the Royal Commission into Misconduct in the Banking, ...more
With the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry now underway, the Company and Securities Law Journal’s (C&SLJ) just published Special Issue on Customer Protection in the Financial Services Industry (Volume 35 Part 7) is timely. In his editorial, Bob Baxt spoke of being “overwhelmed” by the number of court cases ...more
Company and Securities Law Journal update: Vol 35 Pt 7 (Special Issue: Financial Services Protections)
The latest Part of the Company and Securities Law Journal includes the following articles: “Whither Customer Protection in Financial Services?” – M Scott Donald; “Regulating for Fairness in the Australian Funds Management Industry” – M Scott Donald; “Fairness and Financial Services: Revisiting the Enforcement Framework” – Pamela Hanrahan; “The Fairness Rationale for Customer Advocacy in the Financial Sector” – Dimity Kingsford Smith; and “Suitability” – Gail Pearson. This issue also includes the following section: Editorial; Special Issue on Protections in the Financial Services Industry – Robert Baxt AO.
This Special Issue of the Journal of Banking and Finance Law and Practice (JBFLP) is produced in collaboration with the BFSLA Academic Committee, focusing on the theme of “Finance Law: Global and Regional Challenges”. It includes the following articles: “Regulating financial institution culture: Reforming the regulatory toolkit” – Ann Wardrop, David Wishart and Marilyn McMahon; “Bitcoin: Consumer protection and regulatory challenges” – Louise Parsons; “Small amount credit contract reforms in Australia: Household survey evidence and analysis” – Gill North; “Making prudence: Consumer credit and twin peaks, a comparison of Australia and South Africa” – Gail Pearson; and “Ad impossibilia nemo tenetur – on the recent attempts to harmonise the law of intermediated securities” – Matteo Solinas. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note by the Guest Editors.
The first Part of Volume 89 of the Australian Law Journal includes the following articles: “Unnecessary causation” – James Edelman; “A cattle lifter’s Bill: Nemo dat rule and the Indian Contract Act” – Gail Pearson; and “Possession of land: Missteps in the control analysis – Part 1” – Chris Boge.
The first Part of Volume 20 of the AJ Admin L publishes three articles of interest. The first comes from Amanda McBratney and Myles McGregor-Lowndes and looks at fair government contracts for community service provision. The second article is by Gail Pearson and examines some contemporary features of business self-regulation. The final article is by Kristy Richardson and examines the issue of the particularisation of occupational health and safety breaches in Queensland following the decision of the High Court in Kirk v Industrial Relations Commission (NSW).