JBFLP

Journal of Banking and Finance Law and Practice update: Vol 32 Pt 3

By Journal Alerts on January 24, 2022

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Directing the Sinking Ship – Where to From Here?” – William Porter; “The Power to Alter Corporate Rescue in Australia” – Paulina Fishman; “An Identity Crisis? – The Changing Classification of Circulating and Non-circulating Security Interests” – Louise England; “Operation Innovation or Operational Risk? An Analysis of the Financial Regulation of Fintech” – Riley Scott; and “Compliance Programs Introduced in Response to Enforcement by the Australian Securities and Investments Commission” – Ian Ramsay and Mihika Upadhyaya.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged 136 and 301 of the Companies Act 1993 (NZ), An Identity Crisis? – The Changing Classification of Circulating and Non-circulating Security Interests, articles, Banking and Financial Services Law Association's 2021 Research Essay Prize, benefits and challenges of designing and implementing a compliance program, categories of systemic risk presented by fintech, circulating security interest, commercial consistency and flexibility, compliance programs in the financial services industry, Compliance Programs Introduced in Response to Enforcement by the Australian Securities and Investments Commission, converting a circulating security interest into a non-circulating security interest, development of fintech capabilities, Directing the Sinking Ship – Where to From Here?, financial regulatory regime, floating charge, formal corporate rescue mechanisms in Australia, Ian Ramsay, JBFLP, limited transparency of compliance programs, Louise England, Mihika Upadhyaya, New Zealand provisions relating to reckless trading, Operation Innovation or Operational Risk? An Analysis of the Financial Regulation of Fintech, operational risk, Paulina Fishman, Personal Property Securities Act 2009 (Cth), protection of creditors of insolvent or near-insolvent companies, Pts 5.3A and 5.3B of the Corporations Act 2001 (Cth), Riley Scott, ss 135, ss 433 and 561 of the Corporations Act 2001 (Cth), statutory regimes for corporate rescue in Australia, The Power to Alter Corporate Rescue in Australia, William Porter, Yan v Mainzeal Property and Construction Ltd | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 32 Pt 2

By Journal Alerts on October 29, 2021

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Open Banking in Australia: Competition and Money Laundering, Risks and Benefits” – Doron Goldbarsht, Baskaran Balasingham and Jeremy Moller; “The Actionability of Codes of Conduct in English and Irish Law” – David McIlroy and John Freeman; and “The Legal Structure of Quantitative Easing” – Will Bateman. Also in this Part are the following sections: Banking Law and Banking Practice: “Facebook’s Currency: ‘Here’s Looking at You, Kid'” – Alan L Tyree; Insolvency Law and Management: “The ‘Peak Indebtedness Rule’: A Thing of the Past?” – Lindsay Powers; and Tokyo: “Act on Provision of Financial Services” – Masahiro Ueno.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Act on Provision of Financial Services, Alan L Tyree, articles, Banking Law and Banking Practice, Baskaran Balasingham, central bank asset purchases and money creation, Code of Conduct on Mortgage Arrears, codes of conduct in the financial services industry, competition and innovation within the banking sector, critical emergency measure in response to COVID-19, David McIlroy, detailed analysis of the legal structure of quantitative easing, Doron Goldbarsht, enhancing financial integrity in the Australian financial sector, Facebook's Currency: Here's Looking at You Kid, finality of payment in central bank payment systems, Gerard Breen, increasing value of data, Insolvency law and management, JBFLP, Jeremy Moller, John Freeman, John Sheahan QC, legal foundation of reserve accounts linking central banks to the private financial sector, legal limit on the volume of money created through quantitative easing, Lindsay Powers, Masahiro Ueno, mechanism for implementing monetary policy, money creation, Open Banking in Australia: Competition and Money Laundering Risks and Benefits, Open Banking Standard, Organisation for Economic Co-operation and Development, Payment Services Directive, quantitative easing programs, s 44 of the Central Bank (Supervision and Enforcement) Act 2013, suing for breaches of the codes, technological advancements, The Actionability of Codes of Conduct in English and Irish Law, the Bank of England, The Legal Structure of Quantitative Easing, The Peak Indebtedness Rule: A Thing of the Past?, the Reserve Bank of Australia, Tokyo, US Federal Reserve System, Will Bateman | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 32 Pt 1

By Journal Alerts on June 7, 2021

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.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alan L Tyree, appropriate outcomes for fraud and illegality exceptions, articles, Australian Credit Licence (ACL), Banking Law and Banking Practice, Barclays Bank Plc v Quincecare Ltd, CBDC: Digital Cash as Legal Tender, cognitive dissonance theory, documentary letters of credit, duty to inquire, Gerard Breen, Ian Ramsay, illegality exception under English law, Insolvency law and management, JBFLP, John Sheahan QC, Lee Aitken, Letters of Credit: Model for the Illegality Exception and for the UCP to Address Exceptions to the Principle of Autonomy, Lindsay Powers, Lucinda O'Brien, Mohd Hwaidi, nudge theory, One-Stop Shop: Consumer Credit Issued at the Point of Sale, Paul Ali and Mihika Upadhyaya, point-of-sale credit, rational choice theory, responsible lending requirements, Simplified Liquidation: A Different Test for Insolvency?, The Banker's Obligation to Pay and the Scope of the Quincecare "Duty", Uniform Customs and Practice for Documentary Credits | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 31 Pt 3

By Journal Alerts on January 5, 2021

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Reserve Bank of New Zealand Decision-Making – Is a Governance Board the Best Option for Prudential Regulation?” – Helen Dervan and Simon Jensen; “Community Standards and Expectations: Has There Been a Fundamental Shift in the Obligations on Financial Services Licensees under Pt 7.6 of the Corporations Act 2001 (Cth)?” – Patrick Hall; and “Conceptual Models of the PPSA Security Interest: Moving Beyond the Unitary/ Minimalist Dichotomy” – Adam Waldman. Also in this Part are the following Sections: Commercial and Finance Law: “Case Note: Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 6)” – JFW Cardell-Oliver; Hong Kong and China: “Luckin Coffee: A Chinese Fraud or Just Fraud?” – Fabian Roday and William Fotherby; Tokyo: “Amended Rules in Relation to Assignment of Accounts Receivable” – Masahiro Ueno; and United Kingdom and Europe: “Legislative Brinkmanship and Equivalence Decisions” – Deborah A Sabalot.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Adam Waldman, Amended Rules in Relation to Assignment of Accounts Receivable, Andrew Booth, articles, Banking Royal Commission's Final Report, Case Note: Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd (No 6), Commercial and financial law, community expectations, community standards, Community Standards and Expectations: Has There Been a Fundamental Shift in the Obligations on Financial Services Licensees under Pt 7.6 of the Corporations Act 2001 (Cth)?, Conceptual Models of the PPSA Security Interest: Moving Beyond the Unitary/ Minimalist Dichotomy, David McIlroy QC, Deborah A Sabalot, Dr Matteo Solinas, Explanatory Memorandum, Fabian Roday, Helen Dervan, Hong Kong and China, JBFLP, JFW Cardell-Oliver, John Jarvis QC, Legislative Brinkmanship and Equivalence Decisions, Luckin Coffee: A Chinese Fraud or Just Fraud?, Masahiro Ueno, minimalist model, optimal decision-making structure for prudential regulation and supervision, Patrick Hall, Patrick Lowden, Personal Property Securities Act 2009 (Cth), Professor Chao Xi, Reserve Bank of New Zealand Act 1989 (NZ), Reserve Bank of New Zealand Decision-Making – Is a Governance Board the Best Option for Prudential Regulation?, s 912A(1)(a) of the Corporations Act 2001 (Cth), Simon Jensen, statutory committee structure, Tokyo, unitary model, United Kingdom and Europe, William Fotherby | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 31 Pt 2

By Journal Alerts on August 20, 2020

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Building Australia’s Fintech Ecosystem: Innovation Hubs for a Competitive Advantage” – Ross P Buckley, Douglas W Arner, Dirk A Zetzsche and Evan C Gibson; and “Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms” – Tony Ciro. Also in this Part are the following Sections: Insolvency Law and Management: “Don’t Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders” – Andrew Vella and Matthew Paterson; Securities and Mortgages: “Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd” – Anthony Duggan; United Kingdom and Europe: “History Repeating: Trading Restrictions in Europe at the Time of COVID-19” – Matteo Solinas; and “Germany’s Highest Court Challenges the Legality of the ECB’s Monetary Tools (and the EU’s Entire Legal Order)” – Matteo Solinas; and United States: “Predictive Factors in CEO and CFO Bank Fraud and Malfeasance” – Erich Heneke and Randall Valentine.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Andrew Vella, Angela Flannery, Anthony Duggan, articles, Australia and New Zealand Banking Group Ltd, Australian Securities and Investments Commission (ASIC), Australian Securities and Investments Commission Act 2001 (Cth), Building Australia's Fintech Ecosystem: Innovation Hubs for a Competitive Advantage, Commonwealth Bank of Australia Ltd, David Brown, Dirk A Zetzsche, Don't Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders, Douglas W Arner, Dr Matteo Solinas, Dr Stuart Dutson, Erich Heneke, Evan C Gibson, financial market manipulation of the Bank Bill Swap Reference Rate, Gerard Breen, Germany's Highest Court Challenges the Legality of the ECB's Monetary Tools (and the EU's Entire Legal Order), History Repeating: Trading Restrictions in Europe at the Time of COVID-19, Insolvency law and management, JBFLP, Lindsay Powers, Matthew Paterson, Mr David McIlroy QC, Mr John Jarvis QC, Mr Kallun Willock, National Australia Bank Ltd, Predictive Factors in CEO and CFO Bank Fraud and Malfeasance, Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd, Randall Valentine, Regulating Australia's Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms, Regulatory sandboxes, Ross P Buckley, Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry, Securities and mortgages, Tony Ciro, United Kingdom and Europe, United States, Westpac | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 31 Pt 1

By Journal Alerts on May 20, 2020

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Mortgage Broking, Regulatory Failure and Statutory Design” – Jeannie Marie Paterson and Elise Bant; “Consumer Lending by New Zealand Banks After the Royal Commission – Business as Usual or More Responsibility Required?” – Victoria Stace; “Prudential Regulation in Australia and the Banking Royal Commission: A Missed Opportunity for Reform?” – Steve Kourabas; “Regulating Superannuation in the Shadows of the Twin Peaks” – M Scott Donald; “Role and Effectiveness of ASIC Compared with the SEC: Shedding Light on Regulation and Enforcement in the United States and Australia” – Zehra G Kavame Eroglu and KE Powell; “Product Intervention Power: An Extra Layer of Protection to Consumers” – Marina Nehme; and “Trust, Social Licence and Regulation: Lessons from the Hayne Royal Commission” – Anne Matthew. Also in this Part are the following Sections: Foreword; Insolvency Law and Management; and United States.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Allison Silink, Amanda Lawrence, Ann Wardrop, Anne Matthew, articles, Consumer Lending by New Zealand Banks After the Royal Commission – Business as Usual or More Responsibility Required?, David Brown, Elise Bant, Elizabeth McGinn, Foreword, Gerard Breen, Helen Dervan, Insolvency law and management, institutional theory, James Chou, Jason Harris, JBFLP, Jeannie Marie Paterson, KE Powell, Lindsay Powers, Louise Parsons, M Scott Donald, Marina Nehme, misconduct in the superannuation sector, Mortgage Broking Regulatory Failure and Statutory Design, Open Banking’s initiative, Post-GFC regulatory reforms, Privacy and Cybersecurity Issues in 2020 – What to Expect, product intervention orders, Product Intervention Power: An Extra Layer of Protection to Consumers, Productivity Commission Report into Banking, Prudential Regulation in Australia and the Banking Royal Commission: A Missed Opportunity for Reform?, Reflections on the Royal Commission, Regulating Superannuation in the Shadows of the Twin Peaks, responsible lending laws, Role and Effectiveness of ASIC Compared with the SEC: Shedding Light on Regulation and Enforcement in the United States and Australia, Royal Commission into Misconduct in the Banking Insurance and Financial Services Industry, SEC regulatory structure enforcement activities and governmental resources, Steve Kourabas, superannuation system, systemic financial stability, Trading Trusts and Insolvency Revisited: The High Court and the Bankruptcy Act, Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 (Cth), Trust Social Licence and Regulation: Lessons from the Hayne Royal Commission, United States, Victoria Stace, Zehra G Kavame Eroglu | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 4

By Journal Alerts on May 7, 2020

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 | Leave a response

Journal of Banking and Finance Law and Practice update: Vol 30 Pt 3

By Journal Alerts on November 29, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Klettner, alternative approach, Anthony Duggan, Australian Banking Industry Ombudsman (ABIO), Banking Law and Banking Practice, bitcoin, blockchain technology, Carter Holt Harvey, Craig Wappett, David Brown, David Craig, Dr Alan L Tyree, external dispute resolution (EDR), External Dispute Resolution Schemes in the Financial Sector, Gerard Breen, Guy Lethbridge, Hamersley v Forge, Ian Ramsay, immutability, Insolvency law and management, JBFLP, John Sheahan QC, Joto Tanpo, Lindsay Powers, Masahiro Ueno, Minimalist Articles, Miranda Webster, New Zealand, personal property securities, PPSA, Re Enhill, recharacterisation approach, Regulatory Reform in the Finance Sector, retention of title, Rights in Collateral under the PPSA, Ross Pennington, security interest, Simon Jensen, Steve Flynn, title retention arrangements, Tokyo, trading trust, unitary model | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 2

By Journal Alerts on August 28, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Shutting the Courts Out: Developing Consumer Credit Law in the Shadow of Alternative Dispute Resolution and the New Australian Financial Complaints Authority” – Nicola Howell; “ASIC v Citigroup Revisited: Are Agents in Syndicated Debt Facilities Fiduciaries?” – Nuncio D’Angelo; “A Singular Loyalty: Superannuation after the Hayne Royal Commission” – Pamela Hanrahan; and “Receivables Financing: A Comparative Study of s 81 of the PPSA and Other Legislative Overrides to Anti-Assignment Clauses” – William Kim. Also in this Part are the following Sections: Banking Law and Banking Practice; Securities and Mortgages; and Canada.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Angela Flannery, ASIC v Citigroup, Australian Financial Complaints Authority (AFCA), Banking Law and Banking Practice, Benjamin Geva, Canada, contractual assignment clauses, developing consumer credit law, dominance of external dispute resolution (EDR) in the consumer credit sector, Dr Alan L Tyree, electronic chattel paper, fiduciary law and fiduciary exclusions, international payments gone wrong, JBFLP, John Sheahan QC, Linda Widdup, Nuncio D'Angelo, Pamela Hanrahan, Personal Property Securities Act 2009 (Cth), Securities and mortgages, Ss 81 of the Personal Property Securities Act 2009 (Cth) (PPSA), superannuation after the Hayne Royal Commission, William Kim | Leave a response

Journal of Banking and Finance Law and Practice Update: Vol 30 Pt 1

By Journal Alerts on May 22, 2019

The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “A CCP Resolution Regime for Australia” – Eve Brown; and “BEARing Responsibility for Cyber Security in Australian Financial Institutions: The Rising Tide of Directors’ Personal Liability” – Kayleen Manwaring and Pamela Hanrahan. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; and Book Reviews.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged A Bank's Duty of Care, Alan L Tyree, Banking Executive Accountability Regime, Banking Law and Banking Practice, Book reviews, Cees van Dam, central counterparty (CCP) resolution regime, combating phoenix activity, cyber security measures, Danny Busch, Dispute Resolution in Transnational Securities Transactions, Eve Brown, Gerard Breen, Gregory Burton SC, information security, Insolvency law and management, Jason Harris, JBFLP, John Sheahan QC, Kayleen Manwaring, Lindsay Powers, Pamela Hanrahan, permissioned blockchains, Prudential Standard CPS 234, Tiago Andreotti, Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) | Leave a response

Legal - Australia Thomson Reuters