Gerard Breen

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3

By Journal Alerts on November 29, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Klettner, alternative approach, Anthony Duggan, Australian Banking Industry Ombudsman (ABIO), Banking Law and Banking Practice, bitcoin, blockchain technology, Carter Holt Harvey, Craig Wappett, David Brown, David Craig, Dr Alan L Tyree, external dispute resolution (EDR), External Dispute Resolution Schemes in the Financial Sector, Gerard Breen, Guy Lethbridge, Hamersley v Forge, Ian Ramsay, immutability, Insolvency law and management, JBFLP, John Sheahan QC, Joto Tanpo, Lindsay Powers, Masahiro Ueno, Minimalist Articles, Miranda Webster, New Zealand, personal property securities, PPSA, Re Enhill, recharacterisation approach, Regulatory Reform in the Finance Sector, retention of title, Rights in Collateral under the PPSA, Ross Pennington, security interest, Simon Jensen, Steve Flynn, title retention arrangements, Tokyo, trading trust, unitary model | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 1

By Journal Alerts on May 22, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “A CCP Resolution Regime for Australia” – Eve Brown; and “BEARing Responsibility for Cyber Security in Australian Financial Institutions: The Rising Tide of Directors’ Personal Liability” – Kayleen Manwaring and Pamela Hanrahan. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; and Book Reviews.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged A Bank's Duty of Care, Alan L Tyree, Banking Executive Accountability Regime, Banking Law and Banking Practice, Book reviews, Cees van Dam, central counterparty (CCP) resolution regime, combating phoenix activity, cyber security measures, Danny Busch, Dispute Resolution in Transnational Securities Transactions, Eve Brown, Gerard Breen, Gregory Burton SC, information security, Insolvency law and management, Jason Harris, JBFLP, John Sheahan QC, Kayleen Manwaring, Lindsay Powers, Pamela Hanrahan, permissioned blockchains, Prudential Standard CPS 234, Tiago Andreotti, Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 4

By Journal Alerts on April 10, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “SolarCoin: Virtual Currency Meets Solar Electricity – A Bright Future?” – Ben Hartsuyke; “Unfairness in Islamic Finance Contracts: The Malaysian Case” – Adnan Trakic; and “Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part I” – David Morrison and Matthew Broderick. Also in this Part are the following Sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Tax and Stamp Duty; and Book Review.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adnan Trakic, Alan L Tyree, Andrew Booth, Anthony Sommer, Banking Law and Banking Practice, Ben Hartsuyker, blockchain, book review, Commercial and finance law, David Morrison, Gerard Breen, Gregory Burton SC, Hamersley v Forge, Iain Ramsay, Insolvency law and management, insolvency set-off rights, Islamic finance contracts, Jason Harris, JBFLP, John Sheahan QC, Keshni Maharaj, Lindsay Powers, Mark Friezer, Matthew Broderick, Patrick Lowden, Personal Insolvency in the 21st Century: A Comparative Analysis of the US and Europe, Personal Property Securities Act 2009 (Cth), potential of data in Australia's financial system, retention of title clauses, Romalpa clauses, SolarCoin, Suzana Livaja, Tax and Stamp Duty, tax rules for stapled structures, virtual currency and solar electricity | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 3

By Journal Alerts on October 11, 2018

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Improving Australia’s Regulatory Framework for Systemic Financial Stability” – Steve Kourabas; “When Is a Mortgage Broker the Lender’s Agent?” – Oscar S Han; “A Comparative Study of the Laws of Bond Trust in Common Law and Civil Law Countries” – Benjamin Liu; and “Social Impact Bonds in Australia” – Ian Ramsay and Corinne Tan. Also in this Part are the following sections: Banking Law and Banking Practice; Financial Markets; and Insolvency Law and Management.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alan L Tyree, Banking Law and Banking Practice, Benjamin Liu, BIS v Bitcoin, Corinne Tan, current state of insolvency law reform, David Walter, drafting error in s 283F(1) of the Corporations Act (Cth), Financial Markets, George Harris, Gerard Breen, Ian Ramsay, Insolvency law and management, Ipso Facto reforms, Jason Harris, JBFLP, John Sheahan QC, laws of bond trust, Lindsay Powers, mortgage broker as lender's agent, Oscar S Han, regulatory framework for systemic financial stability, regulatory theory, social impact bonds in Australia, Steve Kourabas, Teresa Ientile | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 29 Pt 2

By Journal Alerts on July 13, 2018

The latest Part of the Journal of Banking and Finance Law and Practice includes the tribute: “Professor Robert (Bob) Baxt AO” – Ruth Baxt; and the following articles: “Australian Regulation of Blockchain and Distributed Ledger Technology in Banking and Finance” – Annabelle Simpson; “Disclosures and Reporting of Financial Derivatives: Evidence from Australia’s S&P/ ASX 50 Listed Firms” – Tony Ciro and Bulend Terzioglu; “Voluntary Arrangements and the “Clean Slate” Mess” – Paulina Fishman; and “Deposit Insurance: Friend or Foe?” – Crosby Radburn. Also in this Part are the following sections: Commercial and Financial Law; Insolvency Law and Management; and New Zealand.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Andrew Booth, Annabelle Simpson, blockchain, Bulend Terzioglu, Commercial and financial law, Crosby Radburn, David Craig, deposit insurance, distributed ledger technology (DLT), DLT in banking and finance, equitable liens, Gerard Breen, Guy Lethbridge, Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (2017) 320 FLR 259, Insolvency law and management, interest-based financing, Islamic banking and murabaha financing, Jason Harris, JBFLP, Lindsay Powers, Murabaha, Nathan Fulcher, New Zealand, Patrick Lowden, Paulina Fishman, Professor Robert Baxt AO, rights of property owners, Ross Pennington, Ruth Baxt, set-off under PPSA, Simon Jensen, Steve Flynn, Tony Ciro, unsecured creditor rights extinguished by voluntary arrangements, use of financial derivatives by Australia’s S&P/ASX 50 listed entities, voluntary arrangements with creditors | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 4

By Journal Alerts on December 21, 2017

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Regulation of Managed Investment Schemes in Australasia: A Creditor’s Guide” – Laura Coffey; “Fintech Sandboxes: Achieving a Balance Between Regulation and Innovation – Lev Bromberg, Andrew Godwin and Ian Ramsay. Also in this Part are the following sections: Insolvency Law and Management: “Analysing a Liquidator’s Statutory Power of Sale over Trust Property” – Ian Murray; “Unpacking the Ten Network Administration” – Jason Harris; Securities and Mortgages: “Proposed Changes to the PPSA – PPS Leases” – Karen Fairbairn.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Andrew Godwin, Angela Flannery, Fintech, Gerard Breen, Ian Murray, Ian Ramsay, Insolvency law and management, Jason Harris, JBFLP, Karen Fairbairn, Laura Coffey, Lev Bromberg, Lindsay Powers, Liquidator’s Statutory Power of Sale over Trust Property, Managed Investment Schemes in Australasia, Paul Rogerson, PPS leases, Regulatory sandboxes, Securities and mortgages, Ten Network Administration | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 3

By Journal Alerts on September 18, 2017

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Collateral Undamaged: Conforming Financial Collateral Laws in a Global Marketplace” – Max Allan; “Microfinance in Australia: Is the Law Doing Enough to Address Financial Exclusion?” – Francisco Widjojo; “The BEAR Necessities: What Jurisdictional Considerations will Australia’s Version of the UK’s ‘Senior Managers and Certification Regime’ Need to Accommodate?” – Andrew Eastwood and James Emmerig; and “The Taxing Challenge of Digital Currency” – Joel Emery and Miranda Stewart. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Canada; Tokyo; and United Kingdom and Europe.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged administrative penalties, Andrew Eastwood, Angela Flannery, Anthony Sommer, Banking Executive Accountability Regime, Banking Law and Banking Practice, Benjamin Geva, bitcoin, Canada, Chapter III of the Commonwealth Constitution, Dr Alan L Tyree, Dr Matteo Solinas, financial collateral laws, financial exclusion, Financial System Legislation Amendment (Resilience and Collateral Protection) Act 2016 (Cth), Francis Cardell-Oliver, Francisco Widjojo, Gerard Breen, Hamersley Iron Pty Ltd v Forge Group Power Ltd [2017] WASC 152, Insolvency law and management, interpretation of performance guarantees, James Emmerig, Jason Harris, JBFLP, Joel Emery, John Jarvis QC, John Sheahan QC, judicial review proceedings of Financial Ombudsman Service decisions, Kallun Willock, Lindsay Powers, Marissa A Daniels, Masahiro Ueno, Max Allan, Michael Green, microfinance, Miranda Stewart, Neville Gray, oversight and regulation of payment systems, Paul Rogerson, Personal Property Securities Act 2009 (Cth), Peter A Aziz, Securities and mortgages, Senior Managers and Certification Regime (UK), set-off rights, Simic v New South Wales Land and Housing Corporation [2016] HCA 47, Stephanie Ben-Ishai, Stewardship Code (Japan), Stuart Dutson, taxation of digital currency, Thanuja Rodrigo, Tokyo, United Kingdom and Europe | Leave a response

Journal of Banking and Finance Law and Practice Update: Special Issue (Part 2) – December 2016

By Journal Alerts on January 13, 2017

This latest edition of the Journal of Banking and Finance Law and Practice (JBFLP) is the second and final part of a Special Issue focusing on “Finance Law: Global and Regional Challenges”, and is produced in collaboration with the BFSLA Academic Committee. This Part includes the following articles: “Reviewing the Citibank securitisation case: Did it really challenge the integrity of equity?” – Helen M Dervan; “Reforming insolvent trading to encourage restructuring: Safe harbour or sleepy hollows?” – Jason Harris; “Minimising the risk of shadow directorship: Advice for distressed debt investors” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Insolvency Law and Management; Wealth Management; Hong Kong and China; New Zealand; and Singapore and Southeast Asia.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Academic Committee of the Banking and Financial Services Law Association (BFSLA), accrued benefits, Adam Jackson, Adam Watterson, amendment powers, Andrew Booth, Ann Wardrop, Banking Law and Banking Practice, Benjamin Liu, centre of main interests (COMI), Citibank NA v QVT Financial LP [2007] 4 All ER 736; [2007] EWCA Civ 11 (CA), Code of Banking Practice, Commercial and finance law, contribution claims, David Craig, debt-to-equity swaps, director liability, Dr Alan L Tyree, Dr Lisa Butler Beatty, financial technology, Gerard Breen, Guy Lethbridge, Helen M Dervan, Hong Kong and China, Insolvency law and management, insolvent trading, Jack Furphy, Jason Harris, John Sheahan QC, Kala Anandarajah, Lindsay Powers, Media Development Authority of Singapore Act (Cap 172) (SG), Ministry of Communications and Information (MCI) (SG), New Zealand, Nuncio D'Angelo, Pamela McAlister, Patrick Lowden, Robert Boadle, Ross Pennington, safe harbour defence, securitisation, shadow directorships, Shelley Griffiths, Singapore and Southeast Asia, Tanya Tang, Telecommunications Act (Cap 323) (SG), Wayne Courtney, Wealth Management, Wei Cai | Leave a response

Journal of Banking and Finance Law and Practice update: Special Issue – September 2016

By Journal Alerts on October 13, 2016

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, News & Insight, Update Summaries | Tagged "twin peaks" structure, Academic Committee of the Banking and Financial Services Law Association (BFSLA), ad impossibilia nemo tenetur, Alan Tyree, Ann Wardrop, Ariel Borland, bank fees, Banking Law and Banking Practice, bitcoin, blockchain, CGU Insurance Ltd v Blakeley (2016) 90 ALJR 272; [2016] HCA 2, Clare Langford, competition law, consumer credit, Consumer Protection, cryptocurrency, dark pools, David Wishart, Dominique Lombardi, Dr Nuncio D’Angelo, Dr Stuart Dutson, ePayments, Gail Pearson, Geneva Securities Convention, Gerard Breen, Gill North, Gregory Brandman, Insolvency law and management, insurers, intermediated securities, Jason Harris, JBFLP, Jennifer O’Farrell, John Jarvis QC, John Melluish, John Sheahan, Kala Anandarajah, Kallun Willock, late payment fees, lending, Lindsay Powers, Louise Parsons, Marcus Teo, Marilyn McMahon, Matteo Solinas, Michael Green, Michael Legg, Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28, Philippine Competition Act, Philippine Competition Commission, prudential regulation, regulating financial institution culture, s 335A of the National Consumer Credit Protection Act 2009 (Cth), Shelley Griffiths, Shobi Galassi, Singapore and Southeast Asia, small amount credit contract reforms, South Africa, Tanya Tang, UK Financial Conduct Authority (FCA), unethical behaviour and misconduct, United Kingdom and Europe, Wayne Courtney | Leave a response

Journal of Banking and Finance Law and Practice update: April 2016

By Journal Alerts on April 21, 2016

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The threshold requirements of the PPSA: Does s 12 require an interest in rem in order to create a security interest?” – Cheyne James Clarke; “Bank levies in Australia: Lessons from Europe” – Mary Dowell-Jones and Ross P Buckley; “Enforcement of financial crime laws in Nigeria: The role of Economic and Financial Crime Commission” – Uwem Emmanuel Udok; and “Dynamics of firm-level financial inclusion: Empirical evidence from an emerging economy” – Sudipta Bose, Asit Bhattacharyya and Shajul Islam. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Securities and Mortgages; Recent Publications; Hong Kong and China; New Zealand; Book reviews; and an Editorial note marking changes to the Editorial Board.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adam Jackson, Adrian Fong, Angela Flannery, Asit Bhattacharyya, Associate Professor Shelley Griffiths, Authorised Depository Institution (ADI), Bangladeshi banks, bank levy, bank malpractice, Banking and Financial Services Law Association, Book reviews, Caisse Populaire Desjardins de l'Est de Drummond v Canada (2009) 309 DLR (4th) 323, Cheyne James Clarke, Crantrave Ltd (in liq) v Lloyds Bank Plc [2000] 3 WLR 877, David Craig, deposit insurance, Dermot Ross, disclaimers, Dr Alan L Tyree, Dr Ann Wardrop, Dr Bill Gough, Editorial note, Elisabeth Wentworth, exemptions, financial inclusion disclosure practice, financial market licensing, Financial Markets Conduct Act 2013 (NZ), financial stability, financial system inquiry, Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52, Gerard Breen, Gregory Burton SC, Guy Lethbridge, Hong Kong and China, Insolvency, Insolvency law and management, interest in personal property, investment intermediaries' client agreements, ipso facto clauses, James Murray, Jason Harris, JBFLP, Jeremy Webb, John Melluish, John Sheahan QC, Julie Reynolds, Liggett (B) Liverpool Ltd v Barclays Bank Ltd [1928] 1 KB 48, Lindsay Powers, Mary Dowell-Jones, New Zealand, Nigerian financial crime laws, Personal Property Securities Act 2009 (Cth) (PPSA), Popal v Accounts Control Management Services Pty Ltd [2010] VSC 412, PPS leases, Professor John Stumbles, Professor Sheelagh McCracken, Recent Publications, right in rem, risky financial products, Ross P Buckley, Ross Pennington, s 12 of the PPSA, s 301 of the Bankruptcy Act 1966 (Cth), Securities and mortgages, Securities Markets Act 1988 (NZ), Shajul Islam, ShareMart, Sheila Rasanen, Stephen Edwards, Sudipta Bose, Swotbooks.com Ltd v Royal Bank of Scotland Plc [2011] EWHC 2025 (QB), unauthorised payment, Unlisted, Uwem Emmanuel Udok | Leave a response

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