global financial crisis
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.
The June 2013 Part of the Company and Securities Law Journal includes the following articles: “ASIC’s regulatory powers – interception and search warrants, credit and financial services licences and banning orders, financial advisers and superannuation: Problems and suggested reforms” – Tom Middleton; “Systemic risk after the global financial crisis: Covered bonds and retail contracts for difference” – Nan Seuffert; and “Reform of the financial advice industries in Australia and the United States” – Daniel Mendoza-Jones. There is also a section note on Directors’ Duties and Corporate Governance.
By Chief Justice RS French. In his opening speech to the August 2009 Law Council of Australia Trade Practices Workshop, the Chief Justice looked back 10 years to the themes dominating discussion about competition law on the 25th anniversary of the Trade Practices Act 1974 (Cth).
By David Perkis. Derivatives markets have attracted considerable attention recently, in the context of both the global financial crisis and equity derivative use in merger and acquisition activity. Yet limited consideration, especially in Australia, has been afforded to how the use of credit derivatives by lenders may affect the ability of a distressed borrower to restructure its debt.
By Jason Harris and Michael Legg. The fallout from the global financial crisis (GFC) has focused attention on the efficiency of Australia’s corporate rescue laws as companies struggle under onerous debt levels and attempt to rebuild balance sheets and restructure operations in much tighter credit conditions than in previous years. This article considers the tension between laws that seek to compensate investors through the use of class actions and laws that aim to promote corporate rescue attempts.