The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Foreign Bribery Regulation in Australia and ‘Stepping Stones’ Director Liability” – Vivienne Brand; “Insider Trading, Materiality and the Reasonable Person: Who Must Be Influenced for Information to Have a ‘Material Effect’?” – Juliette Overland; “Termination for Convenience or Not?” – William Dixon; and “Alternative Dispute Resolution in Public, Essential and Emergency Services” – Giuseppe Carabetta. Also in this Part are the following sections: Competition Law and Market Regulation: “The Productivity Commission’s Recommendations on the Intellectual Property Exemption under the Competition and Consumer Act” – Brent Fisse; Industrial and Workplace Relations Law: “Exercising the Wisdom of Solomon: The Fair Work Commission’s Penalty Rates Decision” – Dr Victoria Lambropoulos; and Intellectual Property Law: “The Death of Innovation (Patents) in Australia?” – Campbell Thompson.
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.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding suggested priorities for the re-elected federal government. It also contains the following articles: “Remote signings under Australian law” – Bruce Whittaker; “Re-evaluating the elements of the insider trading offence: Should there be a requirement for the ‘possession’ of inside information?”– Juliette Overland and “Protecting consumers from unfair contract terms: Australian comparisons” – Paul Latimer. Also in this Part are the following sections: Contracts and Restitution: “Trusts, debt and powers of advancement: Fischer v Nemeske Pty Ltd” – James McComish; and New Zealand Newsletter: “The nature of reasonable credit fees” – Barry Allan.
The latest Part of the Company and Securities Law Journal includes the following articles: “Significant judicial guidance on the application of the continuous disclosure obligations” – Danielle McFarlane; “Delegation and reliance by Australian company directors” – Angela Gibbs and Jon Webster; “Insider trading, general deterrence and the penalties for corporate crime” – Juliette Overland; and the following sections: Overseas Note: Hong Kong, Singapore and Malaysia: “Confucianism and its theoretical application to the corporate world in China” – Charles KN Lam and Say Goo; and Takeovers and Public Securities: “Takeover dispute resolution in Australia and the United States – Takeovers panel or courts?” – Ian Ramsay.
The latest Part of the Company and Securities Law Journal includes the following articles: “The payment of dividends: Legal confusion, complexities and the need for comprehensive reform in Australia” – Stephen Alevras and Jean du Plessis; “The financial literacy of young Australians: An empirical study and implications for consumer protection and ASIC’s National Financial Literacy Strategy” – Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay; and “The possession and materiality of information in insider trading cases” – Juliette Overland. There is also a Directors’ Duties section: “Directors’ fiduciary duties in the Western Australia Supreme Court – again” – Rosemary Teele Langford.
The latest Part of the Australian Business Law Review includes articles discussing insider trading and the “Chinese wall” defence, security interests within the Personal Property Securities Act 2009, standard of proof required in merger cases following Metcash, and procurement, social enterprises, co-operatives and public service. There is also a Contracts and Restitution section, the New Zealand Newsletter and two book reviews.
This Special Issue is in honour of ASIC’s 20th anniversary and combines Parts 5 and 6 of Volume 29. It contains five articles that focus on various interesting points in ASIC’s history, including a comprehensive record of ASIC’s participation in matters before the Takeovers Panel, insider trading and market misconduct, the limits of disclosure and investor education in a retail market, the regulation of managed investments and the development of Australia’s continuous disclosure regime.