Australian Business Law Review update: Vol 49 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “An Impending ‘Avalanche’: Debt Collection and Consumer Harm After COVID-19” – Lucinda O’Brien, Vivien Chen, Ian Ramsay and Paul Ali; and “A New Worker Category under the Personal Service Income Regime in Australia” – Christina Allen. Also in this Part are the following sections: Editorial – Michael Terceiro; Commercial Litigation: “Federal Court Opens Door to Pre-trial Oral Discovery in Australia” – Michael Legg; New Zealand Newsletter: “Reckless Trading Makes Its DEBUT in the New Zealand Supreme Court” – Matthew Berkahn and Lindsay Trotman; and Competition Law and Market Regulation: “Merger Movements: International Co-ordination of Merger Clearance Policy” – Rob Nicholls.
Company and Securities Law Journal update: Vol 38 Pt 6
The latest Part of the Company and Securities Law Journal includes an Editorial as well as the following articles: “The Future of Clearing and Settlement in Australia: Part I – The Current System” – Christian Chamorro-Courtland; “A Civil Law Solution to the Social Licence to Operate and Directors’ Duties Conundrum in Australia” – Julia Dreosti, Bimaya De Silva and Katie Walsh; and “Is There Underenforcement of Corporate Criminal Law? An Analysis of Prosecutions under the ASIC Act and Corporations Act: 2009–2018” – George Gilligan and Ian Ramsay.
Journal of Banking and Finance Law and Practice update: Vol 32 Pt 1
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “One-Stop Shop: Consumer Credit Issued at the Point of Sale” – Lucinda O’Brien, Ian Ramsay, Paul Ali and Mihika Upadhyaya; “Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy” – Mohd Hwaidi; and “The Banker’s Obligation to Pay and the Scope of the Quincecare ‘Duty'” – Lee Aitken. Also in this Part are the following sections: Banking Law and Banking Practice: “CBDC: Digital Cash as Legal Tender” – Alan L Tyree; and Insolvency Law and Management: “Simplified Liquidation: A Different Test for Insolvency?” – Lindsay Powers.
Australian Business Law Review update: Vol 48 Pt 6
The latest Part of the Australian Business Law Review includes the following articles: “Doing Wrong for the Right Reasons: ASIC and Foreign Language Business Names” – Timothy Magarry; “Off-duty Misconduct and the Employment Relationship: A Review of the Case Law” – Giuseppe Carabetta; and “”Criminalising Wage Theft” – Some Observations on Deterrence, Enforcement and Compliance” – Mark Lewis. Also in this Part are the following sections: Editorial – Michael Terceiro; Company and Law Securities: “”Carrying on Business in Australia”: A Study of Court Judgments” – Ian Ramsay and Mihika Upadhyaya; and Commercial Litigation: “A More Assertive Approach by ASIC to Using Information-Gathering Powers and Challenging Privilege Claims?” – Michael Legg and Daniel Faber.
Company and Securities Law Journal update: Vol 38 Pt 2
The latest Part of the Company and Securities Law Journal includes the following articles: “A Review of the Theoretical Foundations for the Continuous Disclosure Regime between Australia and China: Contributing Factors for Chinese Cross-border Listed Companies’ Continuous Disclosure Performance in Australia?” – Belle Qi Guo; “Charitable Companies and Related Party Transactions” – Rosemary Teele Langford; and “An Analysis of ASIC Enforcement against Auditors and Liquidators” – Ian Ramsay and Miranda Webster. This issue also includes the following sections: Editorial; and Takeovers and Public Securities: “Modifications to Continuous Disclosure Requirements and the Role of Corporate Knowledge, Intent, Recklessness and Negligence in Breaches: A Discussion” – Michael J Duffy.
Australasian Dispute Resolution Journal update: Vol 30 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “COVID-19, Remote Court Hearings, Automated Decision-making and Access to Justice” – The Hon Michael Kirby AC CMG; “COVID-19, Technology and Family Dispute Resolution” – Tania Sourdin, Bin Li, Stephanie Simm and Alexander Connolly; “A Call for a Multi-framework Approach to Family Dispute Resolution” – Joshua Taylor; “A “Curious Order” and the Inherent Power to Order Stays Pending Arbitration: Rex International Holding Ltd v Gulf Hibiscus Ltd” – Benjamin Teng and Hannah Williams; “Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance” – Evgenia Bourova, Ian Ramsay and Paul Ali; and “Relevance of First Offers in Distributive and Integrative Negotiation” – Garvita Sethi. It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Setting Aside a Deed of Settlement; Striking Out Pleadings Containing without Prejudice Privilege Communications; and Mediation Media Watch” – David Spencer; Matters of Interest: “From Industry Forum for Dispute Resolution to Council for Alternate Dispute Resolvers (14 May 2014–25 August 2020)” – Katherine Johnson; and Book Review: “Principles of Dispute Resolution”, by David Spencer – Reviewed by Geoff Charlton.
Company and Securities Law Journal update: Vol 37 Pt 7
The latest Part of the Company and Securities Law Journal includes the following articles: “Duties of Efficiency, Honesty and Fairness Post-Westpac: A New Beginning for Financial Services Licensees and the Courts?” – Joshua Anderson; and “Climate Risk Disclosure: Tracking the Uptake of the Taskforce on Climate-related Financial Disclosures (TCFD) Recommendations in the Australian Market” – Cary Di Lernia. This issue also includes the following sections: Editorial; Corporate Governance and Corporate Social Responsibility: “2020 Vision: Current Reflections and Stakeholder Governance in a Post-Covid-19 World” – Jean du Plessis and Andrea Anastasi; and Corporate Finance: “Capital Raising by Companies During the COVID-19 Crisis: An Analysis of Recent ASX Reforms” – Lloyd Freeburn and Ian Ramsay.
Company and Securities Law Journal update: Vol 37 Pt 6
The latest Part of the Company and Securities Law Journal includes the following articles: “Providing Financial Services “Efficiently, Honestly and Fairly”: Part 2″ – Paul Latimer; and “Reconsideration of the “Good Faith” Requirement in Statutory Derivative Actions in Australia” – Lang Thai. This issue also includes the following sections: Editorial; Corporate Finance: “Equity Crowdfunded Companies in the United Kingdom: What Factors Determine Post-campaign Success?” – Steve Kourabas, Ian Ramsay and Mihika Upadhyaya; Directors’ Duties: “Insolvent Trading, Charitable Companies and COVID-19” – Rosemary Teele Langford; and New Zealand and South Pacific: “Capital Market Law Reform in Vanuatu” – Gordon Walker.
Australian Business Law Review update: Vol 48 Pt 1
The latest Part of the Australian Business Law Review includes the following articles: “The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views” – Ian Ramsay and Stacey Steele; “To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions” – Bethany Moore; “Reforming Private Whistleblower Protections – What Next in Australia?” – David A Chaikin; and “Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018” – Tony Ciro and Bülend Terzioglu. Also in this Part are the following sections: Editorial by Michael Terceiro; Consumer Protection: “Making Liars of Us All!” – Ian Tonking SC; and Commercial Litigation: “In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96” – Michael Legg.
Insolvency Law Journal update: Vol 27 Pt 3
The latest Part of the Journal includes the following articles: “The ACCC’s Pursuit of Corporate Respondents in the VET Sector Operating under External Administration” – Mary Wyburn; “Rescuing the Rescue Culture? Australian Corporate Restructuring After the Safe Harbour and Ipso Facto Reforms” – Corey Byrne; “Insolvent Trading in Australia: A Study of Court Judgments from 2004 to 2017” – Stacey Steele and Ian Ramsay; and the following sections: Editorial – Dr David Morrison; Recent Developments: “The Insolvent Trustee”; “The Use of the Trust” – David Morrison; “Amerind – The Aftermath: Questions and Practical Difficulties Remaining” – Garry Hamilton; and Report from New Zealand: “Insolvent Transactions Back before the Supreme Court: Robt Jones Holdings Ltd v McCullagh” – Lynne Taylor.
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