Company and Securities Law Journal update: Vol 36 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “Directors’ Duties to Respect Human Rights in Offshore Operations and Supply Chains: An Emerging Paradigm” – Riana Cermak; and “Consumer Protection and Life Insurance Claims” – Andrew J Serpell. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?” – Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh; and New Zealand – Gordon R Walker: “McIntosh v Fisk [2017] NZSC 78: New Zealand’s Largest Ponzi Scheme and the Liquidator’s Clawback Powers: The Supreme Court Decision” – Trish Keeper.
Company and Securities Law Journal update: Vol 36 Pt 1
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
Journal of Banking and Finance Law and Practice Update: Vol 28 Pt 4
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.
Company and Securities Law Journal update: Vol 35 Pt 5
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.
Australasian Dispute Resolution Journal update: Vol 28 Pt 3
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Dispute Resolution Lag in Australia: The Time to Be Aggressive Is Now” – Tracy Albin; “Effectively Managing the Impact of Family Violence on Mediation in the Family Law Context” – Sian Green; “International Tax Treaty Arbitration – Fighting an Uphill Battle in the Global Arena” – Michelle Markham; “Inclusiveness or Tokenism? Culture and Mediation in New Zealand’s Dispute Resolution Statutory Regimes” – Grant Morris and Katie Alexander; “Towards a Practical Model to Improve Outcome Acceptance in Dispute Resolution” – A J Orchard; “Improving Dispute Resolution in the Financial System” – Ian Ramsay; “With Great Power There Must Also Come Great Responsibility: Reining in Unbridled Expert Determinations” – Alisa Taylor. It also contains Case Notes: “Costs Order Against Non-Attending Party to Mediation, Costs for Breach of Confidentiality, and Mediation Media Watch” – Professor David Spencer.
Company and Securities Law Journal update: Vol 35 Pt 4
The latest Part of the Company and Securities Law Journal includes the following articles: “Litigation Funding and Liquidators – The New Zealand Court of Appeal Takes a Permissive Approach” – Victoria Stace; “Who Bears the Burden for Business Losses: To What Extent Are Liability Issues of Business Structures Taught in Australian Accounting Degrees?” – Dale Boccabella and Dr Brett Freudenberg; “Whistleblowing Reforms: A Critical Analysis of the Current Law and the New “Bells and Whistles” Proposed” – Jim Apollo Mathiopoulos, Katrina Hogan and Jean Jacques du Plessis; Corporate Insolvency – Helen Anderson: “No “Silver Bullet”: A Multifaceted Approach to Curbing Harmful Phoenix Activity” – by Jasper Hedges, Helen Anderson, Ian Ramsay and Michelle Welsh.
Company and Securities Law Journal update: Vol 35 Pt 3
The latest Part of the Company and Securities Law Journal includes the following articles: “Keeping Good Company in the Transition to a Low Carbon Economy? An Evaluation of Climate Risk Disclosure Practices in Australia” – Anita Foerster, Jacqueline Peel, Hari Osofsky and Brett McDonnell; “Illegal Phoenix Activity: Is a ‘Phoenix Prohibition’ the Solution?” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; Corporate Governance and Corporate Social Responsibility – Jean du Plessis: “Recent Developments in Corporate Liability for Insider Trading: ASIC v Hochtief AG” – Juliette Overland.
Australian Business Law Review update: Vol 45 Pt 2
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Strategically Deterring Generic Entry Ahead of Patent Expiry: A Competition Law Antidote? Assessing Australian Pharmaceutical Antitrust Enforcement after ACCC v Pfizer” – Colette Downie; “Marine Insurance Law Reform in Australia – a Following Sea” – Julie-Anne Tarr; “Registered Charities and Governance Standard 5: An Evaluation” – Ian Ramsay and Miranda Webster; and “Australian Charities and Not-for-profits Commission: Enforcement Tools and Regulatory Approach” – Marina Nehme. Also in this Part is the following section: Privacy Law: “‘Personal information’ under the Privacy Act 1988 (Cth) – Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4” – Normann Witzleb.
Company and Securities Law Journal update: November 2016
The latest Part of the Company and Securities Law Journal includes the following articles: “War on two fronts: Harmonising the public and private enforcement of Australia’s corporate disclosure laws” – Nicholas Bentley; “Managed investment schemes: Liability of directors of responsible entities where the responsible entity breaches the law” – Dr Rosemary Teele Langford. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “An analysis of shareholder resolutions involving Australian listed companies from 2004 to 2013” – Hui Xian Chia and Ian Ramsay; Corporate Insolvency – Helen Anderson: “ASIC, Phoenix activity and the view from the outside” – Helen Anderson, Ian Ramsay and Michelle Welsh; Corporate Governance, Corporate Responsibility and Law – Jean du Plessis: “Independent director requirements in Australia and the Asian region” – Luke Nottage and Fady Aoun.
Insolvency Law Journal update: Vol 24 Pt 3
The latest Part of the Insolvency Law Journal includes the following articles: “An empirical study of Australian judicial decisions relating to insolvency practitioner remuneration” – Stacey Steele, Vivien Chen and Ian Ramsay; and “Receivers and employees: An analysis of receivership and its effects on employee contracts and entitlements” – Lewis Gentry and Christopher Symes; and the following section notes: Recent Developments: “At the coalface of corporate insolvency and Phoenix activity: A Survey of ARITA and AICM Members” – Helen Anderson, Jasper Hedges, Ian Ramsay and Michelle Welsh; “Personal and corporate insolvency doing the same thing for the business end of town: why so complicated?” – David Morrison; and Report from New Zealand: “Insolvency practitioners in the spotlight” – Lynne Taylor.
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