The latest Part of the Building and Construction Law Journal includes this article: “Timing is Everything: Security of Payment, Set-off and (In)solvency” – Professor Helen Anderson and Dr Matthew Bell. Also in this Part is an Editorial; Book Review: “Delay and Disruption in Construction Contracts, by Andrew Burr” – Reviewed by Michael Christie SC; and Reports on the following cases: James Engineering Pty Ltd v ABB Australia Pty Ltd; Style Timber Floor Pty Ltd v Krivosudsky; Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd.
Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged Andrew Burr, articles, BCL, book review, Delay and Disruption in Construction Contracts, Editorial, Insolvency, James Engineering Pty Ltd v ABB Australia Pty Ltd, Michael Christie SC, Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd, Professor Helen Anderson and Dr Matthew Bell, Reports, Security of payment laws, set-off, Significant Cases Reported in Volume 35, Style Timber Floor Pty Ltd v Krivosudsky, Timing is Everything: Security of Payment Set-off and (In)solvency |
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part II” – David Morrison and Matthew Broderick; “Cut Me Some Slack: An Analysis into the Extension of Time Provisions for Registering Security Interests under the Corporations Act” – Amanda Jade Staninovski; “The Trustee’s Indemnity as “Property of the Company” under the Corporations Act 2001 (Cth): Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth” – Allison J Silink; “Finance v2.0 – an Analysis of the Impact of Blockchain, Smart Contracts and Extensible Markup Language on Debt Capital Markets in Australia” – Andrew J Lunardi; “Disclaimer Explainer: What Are the Legal Consequences of Disclaimer of Real Property under s 133 of the Bankruptcy Act 1966 (Cth)?” – Matthew Paterson; and “The Regulation of Cryptoassets in Australia and the United States” – David Lu. Also in this Part are the following Sections: Securities and Mortgages; Wealth Management; and United Kingdom and Europe.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged "all moneys" retention of title (ROT) clause, 588FL, A Case Illustrating the Challenges in Seeking to Adapt Trust Law Concepts for Use as Regulatory Enforcement Tools, Allison J Silink, Amanda Jade Staninovski, Andrew Boxall, Andrew J Lunardi, Angela Flannery, articles, Austraclear system, blockchain, Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth the High Court, Cut Me Some Slack: An Analysis into the Extension of Time Provisions for Registering Security Interests under the Corporations Act, David Lu, David McIlroy, David Morrison, Diccon Loxton, digital asset projects, Disclaimer Explainer: What Are the Legal Consequences of Disclaimer of Real Property under s 133 of the Bankruptcy Act 1966 (Cth)?, Finance v2.0 – an Analysis of the Impact of Blockchain Smart Contracts and Extensible Markup Language on Debt Capital Markets in Australia, Guy Spielman, Insolvency, JBFLP, John Jarvis QC, Kallun Willock, Lisa Butler Beatty, Matteo Solinas, Matthew Broderick, Matthew Paterson, Michael Green, order a "statutory recreation" of freehold estate, over-the-counter debt security issuance, Personal Property Securities Act 2009 (Cth) (PPSA), Regulation Agents and Representatives Under the UK Financial Services Regime, Rights in Collateral under the PPSA: A Minimalist Response, Romalpa Suppliers and the PPSA – For Better or Worse in Insolvency – Part II, Ruth Stringer, s 133(1) of the Bankruptcy Act 1966 (Cth), Section 588FM of the Corporations Act 2001 (Cth), Securities and mortgages, Sheelagh McCracken, smart contracts, ss 433(3) and 561 of the Corporations Act 2001 (Cth), Stuart Dutson, The Regulation of Cryptoassets in Australia and the United States, The Trustee's Indemnity as "Property of the Company" under the Corporations Act 2001 (Cth): Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth, tokens, United Kingdom and Europe, vesting, Wealth Management, XML |
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.
Posted in Insolvency Law Journal (Insolv LJ), Journals, Update Summaries | Tagged Amerind – The Aftermath: Questions and Practical Difficulties Remaining, articles, Australian Competition and Consumer Commission, Australian Corporate Restructuring After the Safe Harbour and Ipso Facto Reforms, Corey Byrne, Dr David Morrison, Editorial, Garry Hamilton, Ian Ramsay, Insolv LJ, Insolvency, insolvent trading, Insolvent Trading in Australia: A Study of Court Judgments from 2004 to 2017, Insolvent Transactions Back before the Supreme Court: Robt Jones Holdings Ltd v McCullagh, Lynne Taylor, Mary Wyburn, Professor Lynne Taylor, recent developments, Report from New Zealand, Rescue Culture, Robt Jones Holdings Ltd v McCullagh, s 588G of the Corporations Act 2001 (Cth), safe harbour, Stacey Steele, The ACCC’s Pursuit of Corporate Respondents in the VET Sector Operating under External Administration, The Insolvent Trustee, The Use of the Trust, VET FEE-HELP, vocational education and training |
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “The Circulating Security Interest in Review: Architectures of Certainty, Flexibility and Control” – Alice Tranter Wilson; “Application of the Basel III Framework to Cash Deposits Held by APRA-regulated Superannuation Funds” – M Scott Donald; and “Enhancing Competition: Challenges for Australian Retail Banking” – Deborah Healey and Rob Nicholls. Also in this Part are the following sections: Banking Law and Banking Practice; Hong Kong and China; Singapore and South East Asia; and Tokyo.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Tranter Wilson, Australian Prudential Regulation Authority (APRA), Australian retail banking, Authorised Deposit-taking Institution (ADI), Banking Law and Banking Practice, Basel III framework, cash deposits, circulating security interest, competition, customer switching, Deborah Healey, Dr Alan L Tyree, Employment Claims Tribunals, Hong Kong and China, Huimiao Zhao, Insolvency, internet finance governance, JBFLP, John Sheahan QC, Kala Anandarajah, loan agreements, M Scott Donald, Marcus Teo, Masahiro Ueno, Paul O’Brien, Personal Property Securities Act 2009 (Cth), repayment on demand, Rob Nicholls, salary disputes, Singapore and Southeast Asia, superannuation funds, Tokyo, tripartite set-off, Wayne Courtney, Wei Cai |
The latest Part of the Company and Securities Law Journal includes the following articles: “Reconsidering the Self-regulatory Approach to Corporate Social Responsibility” – Raisa Blanco; “Corporate Social Responsibility and ‘Contemporary Community Expectations’ – Jean Jacques du Plessis; “Unreasonable Director-related Transactions: The Long Arm of the Liquidator?” – Adam Fovent; Corporate Insolvency – Helen Anderson: “Flipping out: Flip clauses are enforceable in the United States again!” – Jenny Buchan and Rob Nicholls.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged “good corporate citizen”, Adam Fovent, asset stripping, C&SLJ, contemporary community expectations, corporate governance, Corporate insolvency, corporate social responsibility (CSR), director-related transactions, failed private equity transactions, flip clauses, Helen Anderson, Insolvency, ipso facto clauses, Jean Jacques du Plessis, Jenny Buchan, liquidation, phoenix activity, private equity transactions, Raisa Blanco, Rob Nicholls, s 588FDA of the Corporations Act 2001 (Cth), self-regulation |
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Fallout from the global financial crisis: Credit rating agencies in the frame” – Tony Ciro; and “Pulling back the shades: Demystifying vulture funds” – Adam Watterson. Also in this Part are the following sections: Banking Law and Banking Practice; Commercial and Finance Law; Securities and Mortgages; Wealth Management; Recent Publications; United Kingdom and Europe; Singapore and South East Asia; 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 "safe harbour" scheme, AAA rating, ABN AMRO Bank NV v Bathurst Regional Council, access to SMSF funds, Adam Watterson, Andrew Booth, Angela Flannery, Banking Law and Banking Practice, bitcoin, Case C-362/14 Maximillian Schrems v Data Protection Commissioner, Cassegrain v Gerard Cassegrain & Co Pty Ltd, collaterised debt obligations (CDOs), Commercial and finance law, Court of Justice of the European Union, credit rating agencies, Deputy Commissioner of Taxation (Superannuation) v Ryan, distressed debt markets, Dr Alan L Tyree, Dr Lisa Butler Beatty, Dr Matteo Solinas, enforceable undertaking to rectify, estoppel by convention, Facebook, financial derivatives, foreign insolvency proceedings, George 218 Pty Ltd v Bank of Queensland Ltd, Gregory Burton SC, Heather Gray, Hon Arthur Emmett AO QC, Indefeasibility of title, Insolvency, JBFLP, John Jarvis QC, John Sheahan QC, Julie Reynolds, Kala Anandarajah, Kallun Willock, mandatory central clearing, Manoraj Karthigeyan, Mark Cheng, Michael Green, Note from the Editor, OTC derivatives, Patrick Lowden, Paul Rogerson, processing of personal data, Recent Publications, recognition of foreign liquidators, Securities and mortgages, security documentation, Sheila Rasanen, Sim Kwan Kiat, Singapore and South East Asia, Singapore insolvency law, SMSF compliance, SMSF rectification, Sonia Goumenis, Stuart Dutson, Tony Ciro, types of fraud, United Kingdom and Europe, vulture funds, Wealth Management |
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 |
The latest Part of the Australian Business Law Review includes the following articles: “No more Mr Nice Guy: The implied duty to cooperate and remedying another party’s mistaken breach” – Matthew Lees; “Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure” – Vivien Chen, Ian Ramsay and Michelle Welsh; and “Section 92 of the Australian Constitution: The next phase” – Anthony Gray. Also in this Part are the following sections: Contracts and Restitution: “High Court declines to clarify the Codelfa ‘ambiguity principle'” – Troy Keily; and Privacy: “Private life in a digital world” by Margaret Jackson and Gordon Hughes – book review by Lauren Anderson.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged 2015 Productivity Commission report, ABLR, access to justice arrangements, authorisation of mergers, Business Set Up Transfer and Closure, Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24, Commonwealth Bank of Australia v Barker (2014) 312 ALR 356, Construction Forestry Mining and Energy Union v Director Fair Work and Building Industry Inspectorate [2015] HCA 46, corporate ownership structures, Department of Industry and Science, Editorial, Electricity Generation Corp v Woodside Energy Ltd [2014] HCA 7, extrinsic evidence, Famestock Pty Ltd v Body Corporate for No 9 Port Douglas Road Community Title Scheme 24368 [2013] QCA 354, Gordon Hughes, Harper Report, Hon John Dyson Heydon AC QC, Ian Ramsay, implied duty to cooperate, Innovations Policy Report, Insolvency, Insolvency Law Reform Bill, interest groups, Lauren Anderson, Margaret Jackson, Matthew Lees, Michael Borsky, Michelle Welsh, Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37, Private life in a digital world, Professor Anthony Gray, Professor Normann Witzleb, Professor Robert Baxt AO, remedy mistaken breach of contract, restitution, Royal Commission of the Trade Union Governance and Corruption, Royal Commissioner John Dyson Heydon AC QC, s 46 of the Competition and Consumer Act 2010 (Cth), s 92 of the Constitution, shareholder protection, Troy Keily, Vivien Chen, Wolfe v Permanent Custodians Ltd [2013] VSCA 331 |
Thomson Reuters is pleased to announce the appointment of Professor Helen Anderson as editor of the Insolvency section in the Company and Securities Law Journal. Associate Professor Helen Anderson holds an LLB (Hons) from the University of Melbourne, as well as a Grad Dip Bus (Acc), LLM and PhD from Monash University. She worked in ...more
The latest Part of the Insolvency Law Journal includes the following articles: “How to achieve a win for property owners and lessors – enforcing rights of possession under Pt 5.3A of the Corporations Act and relief against forfeiture” – Natalie Byrne; “Section 588FA, Burness, and Kassem: When are payments by third parties preferential?” – Jim Hartley; and “The enforcement of foreign judgments in avoidance proceedings in insolvency” – Joshua Kelly. There is also a Recent Developments section and a Report from New Zealand.
Posted in Insolvency Law Journal (Insolv LJ), Update Summaries | Tagged avoidance proceedings, avoidance provisions, balance sheet, Burness v Supaproducts Pty Ltd (2009) 259 ALR 339, Corporations Act 2001 (Cth), Dr David Morrison, enforcement, Federal Commissioner of Taxation v Kassem (2012) 205 FCR 156, foreign judgments, Insolvency, Jim Hartley, Joshua Kelly, Law Reform (Miscellaneous Provisions) Act 1946 (NSW), Law Reform Act 1936 (NZ), lessors, Lynne Taylor, Natalie Byrne, property owners, recent developments, Report from New Zealand, Rubin v Eurofinance SA; New Cap Reinsurance (in liq) v Grant [2012] UKSC 46, statutory charge, third party payments, universalism |
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